Secularism / Laicismus /

Secularism: Equal Distance or Equal Respect?

Indian secularism is frequently misunderstood. It is not the Western model of strict 'wall of separation' between church and state. It is 'positive secularism' — the State engages with all religions equally rather than avoiding them. The State funds religious pilgrimages (Haj Committee Act), manages temple properties (Hindu Endowments Acts), and regulates religious institutions — but it does so for all religions, not preferring any one. The Constitution's secularism is about treating all faiths with equal respect and ensuring no citizen is disadvantaged for their religious identity.

Constitutional Framework

(a) Article 25-28: Freedom of religion — individuals have the right to profess, practise, and propagate religion. The State may regulate non-religious activities of religious institutions and social reform. (b) Article 15: No discrimination — the State shall not discriminate against citizens on grounds of religion. (c) Article 16(5): An office connected with religious or denominational affairs may be reserved for persons of a particular religion. (d) Article 29-30: Minority rights — religious and linguistic minorities may establish and administer educational institutions.

Indian vs. Western Secularism

Key differences: (a) Western secularism = strict separation of religion and State. Indian secularism = equal State engagement with all religions. (b) The Indian State can regulate religious practices that are repugnant to public order or morality (Article 25) — there is no absolute religious freedom. (c) The State may reform Hindu religious institutions (abolish untouchability, regulate temple administration) — legislative involvement in Hindu practices has historically been greater than in Muslim or Christian personal law. This differential has been a source of constitutional controversy.

S.R. Bommai: Secularism as Basic Structure

In S.R. Bommai v. Union of India (1994) 3 SCC 1, the Supreme Court held that secularism is a basic structure principle. A State government that manifestly acts in violation of constitutional provisions on secularism — for example, by actively promoting one religion and discriminating against another — can be dismissed under Article 356 and President's Rule imposed. This decision was made in the aftermath of the 1992 Babri Masjid demolition and the communal violence that followed.

“The concept of secularism in our Constitution is not 'anti-God' or 'anti-religion'. It is equal respect for all faiths, equal treatment of all citizens regardless of religion, and non-discrimination on grounds of faith. That is India's unique gift to democratic theory.”