Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE
SECULARISM UNDER THE CONSTITUTION OF INDIA
MAHENDRA KUMAR GAUTAM Research Scholar
Nehru Gram Bharati Vishwavidyalaya, Allahabad Email: mahendragautam095@yahoo.in
Abstract - „‟All human being are of one race‟‟ -Rig-Veda Secularism is no new issue. It was highlighted in 1947 due to issues of distribution of India and Pakistan; and fruited between 1950 to Ayodhya Case. Dr. B. R. Ambedkar considered secularism is moral issue but not political issue. Secularism leads to the intensification of communalism. Secularism has been thought of in various ways such as its religious freedom and its consistency with rationalism, utilitarism, materialism, individualism etc. Secularism in India means equal treatment of all religions by State and Judiciary. The concepts of secular state involve three distinct but inter related sets of relationship concerning the state, religion and the individual. A secular state can be built up only in a secular society. A secular document is born and not that a secular state is born. A secular state or secular society is never born.
The Constitution envisaged a new social order free from communal conflicts and based on justice, social, economic and political. Secularism is need of democratic country such as process and movement in the context of separation of state and judiciary from religion. I analyse that how to protect secularism in the Constitution of India for several religion in several areas.
Keywords: Secularism, constitution, religion, society, justice.
INTRODUCTION:
India frames out as only secular country among the seven countries of South Asian Association for Regional Corporation (SAARC).1 In each of country has status of the legally promoted religion as Buddhism in Bhutan2 and Shri Lanka3, Islam in Bangladesh4, Maldives5, and Pakistan6, and Hinduism in Nepal7. Secularism developed as a reaction to religious doctrinal attitude and exhibited in the form of humanism insisting upon the premise that human beings alone matter during their sojourn on this earth and therefore their welfare must be properly the concern of all human activity. A later development is seen in the secular meaning 'tax'.8 Secularism was equated with rationalism, positivism, materialism, utilitarism etc. Secularism is also described as a movement founded with Intention of providing a certain theory of life and conduct without reference to
1 http://www.saarc-sec.org.
2 Bhutan Const. 2-3, Draft 2005.
3 Shri Lanka Const. Art. 7
4 Bangl. Const. Art. 2-A
5 Maldives Const. Art. 1
6 Pak. Const. Art. 2
7 Nepal Const. Art. 4.
8 Frits M.J. Waanders: The History of TEAO and TEE
in Ancient Greek, B.R. Gruner Publishing Company, P.
13.
religion having its antecedents in the political situation of Europe and also in the philosophical school of the
Utilitarian‟s.
George Jacob Holyoake is regarded as the father of secularism who started propagating the movement in 1846 and laid down its principles in his book- The Principles of Secularisms9. Even, though secularism was regarded as materialistic and rationalistic at the same time. It was an ethical system founded speedily to provide an alternative theory of life. A theory of secularism could be built on ancient jurisprudence.
Gandhi jee appreciated the good qualities of all the religion and in this connection he said, „„my religion is not sectarian. It includes all that I know to be best in Islam, Christianity, Buddhism and Zoroastrianism.‟‟ Nehru, being a mature and learned statesman visualized that of India is to remain strong and united, then secularism is a must because this is the only way when the people of India having differ castes, creeds community, colour,
9 George Jacob Holyoake: The Principles of Secularism:
Illustrated, Published by Austin & Co., 17, Johnson's Court: Fleet Street, London: Book Store, 282, strand;
Third Edition, Revised: 1871.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE culture, language, customs and traditions
can be brought under one umbrella.
As regards the nature of Indian secularism, it is neither anti- religion, nor does it create a wall of separation between the state and religion because the state has no religion. The state is bound to honour and to hold the scales even between all religions. Secularism word was absence in the Preamble10 of the Constitution of India 1950, but it has added in the Preamble11 and under the part IV-A by amendment of the Constitution 1976. Justice M.H. Beg states, even our ancient jurists recognized the principles that one generation has no right to tie down future generations to its own. View on laws even on fundamentals.
They not only differ between one society and another but also as between one generation and another of the same society or nation12.
MEANING AND DEFINITION:
The English word 'secular' comes from the Latin word „saeculum’ which means „the spirit of an age‟. Saeculum
10 WE, THE PEOPLE OF INDIA, having solemnly revised to constitute India into a SOVEREIGN DEMO- CRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATENITY assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUTENT ASSEMBLY this twenty- sixth day of November, 1949, do HERE BY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
11 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
in to [SOVEREIGN, SOCIA LIST SECULAR DEMOCRATIC REPUBLIC] and
to secure to all its citizens :
JUSTICE, social, economic and political.
LIBERTY of thought, expression, belief, faith and worship,
EQUALITY of status and of opportunity; and to promote among them all.
FRATERNITYA assuring the dignity of the individual and they [unity and the integrity of the Nation];
IN OUR CONSTITUTENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
12 Kesavanand Bharti V. State of Kerala (1973) 4. Sec 225, AIR 1973 SC 1461.
is a time-word. It has the same meaning as the Greek 'an eon', which is use in the New Testament for am 'age' or 'era' or epoch. The Greek language „Laos‟ has been two words for people: Laos and demos. Laos refers to the people as an indivisible community represented by public institutions that protect their rights and freedom. Demos refer to the people as a political system expressing the sovereignty of the people13 Laiate14 refers to the idea of Res Public a (republic). The word laicite exists in French. Laiate is akin to universalism, which is the essence of the republic, and it defines a larger goal than secularism itself15. "Secular"
means "not connected with religious or spiritual matter". Secularism has been regarded as the sine qua non of
economic development,
industrialization and overall development in favour of rotationality.
Secularism implies that all are considered equal in the eyes of law. The term of secularism used as an opposite of 'communalism'. The meaning of secularism to be given to the term has been that of Sarva Dharm Sambhava i.e. trucking all religions alike or giving equal respect to all religions, instead of Dharma Nirpeksh or Panth Nirpeksh i.e. State neutrality in matters of religion. Secularism means that ours was a non theoretical sate, that the state as such does not have its own religion, that in its eyes are religious are equal and that it would make no discrimination between citizens on grounds of religion in our country, 'Secularism' as narrowly understood to mean neutrality of the state towards all religions and bereft of positive approach towards all religions16. Also, as India is a multi-religion society.
Thus the leaves manage to concentrate the juridical reciprocity of the legal
13 Michael Heavy Siam – Heng Ten Chin Liew edited, STATE AND SECULARISM Perspective from Asia, Publish by World Scientific Publishing Co. Pvt. Ltd., Singapore, pp. 123-124.
14 In France, the 1905 Act of Separation of Churches and State.
15 Michael Heavy Siam – Heng Ten Chin Liew edited, STATE AND SECULARISM Perspective from Asia, Publish by World Scientific Publishing Co. Pvt. Ltd., Singapore, p.
125.
16 Aruna Roy V. Union of India (2002) 7 SCC 368.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE context the religious meaning of the
sacral one, and formulatic „secular‟
usages of the words.17
Definition of 'secularism' is 'not spiritual' or 'not concerned with religion'.
According to George G.
ickman, secularism signifies the kind of life that is lived in complete indifference to God and religion values18.
According to The Oxford English Dictionary, secularism is the doctrine that morality should be based solely on regard to the well being of mankind in the present life to the exclusion of all considerations drawn from belief in God or in a future state19.
According to Everyman's Encyclopedia, „secularism':
materialistic and rationalistic movement, aimed at establishing morality on utilitarian basis20.
According to The Encyclopedia Britannica, secularism as "utilitarian ethic" designed for the physical, spiritual and moral improvement of mankind which neither affirms nor denies the theistic premise of religion21.
According to Encyclopedia of Social Science, secularism as attempt to establish an autonomous sphere of knowledge purged of super natural and fiedeistic prespresup positions22.
According to A.R. Blackshield, secularism could be understood to imply religious freedom and tolerance and respect for ideas of rationalism, materialism, humanism etc.
According to Das, secularism its not against religion or belief in God.
According to Nehru, Secularism is equitable human social order where
17 RADCLIFFEG. EDMONDS III, EDITED Book THE "Orphic"
Gold Tablets and Greek Religion, Published by CAMBRIDGE UNIVERSITY PRESS, P-277.
18 George G. Hackman, Religion in Modern Life [1957] p.
283.
19 The oxford English Dictionary O.E.D. Vol. IX 1978 p.
261.
20 Every man's Encyclopedia, Vol. XI [London], p. 212.
21 Encyclopedia Britannica, Volume, XX [London], 1960.
22 Encyclopedia of Social Science, Volume, [XXX] 1960.
people who profess difference faiths live in harmony and tranquility which is in accordance with our intellectual inheritance.
According to Justice Khanna, secularism is neither anti-God nor pro- God; it treats alike the devout, the agnostic and atheist.
Concept of Secularism:
The concept of secularism is one fact of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our the Constitution. A concerted and earnest endeavour, both by the State and citizen, towards secularization in accordance with this wide concept alone lead to the stabilization of our democratic state and the establishment of a true and cohesive Indian nationhood. Secularism as a modern concept was born in Britain (U.K.).
Even during the protestant Reformation, the governing principle was 'cujus region, ejus religion' (whatever the religion of the ruler that would be the religion of the state).
Religious minorities, even during reformation were „„encouraged or compelled to immigrate to states professing their own religion.‟‟23 The term secular has, on the one hand, been contrasted with the sacred or the spiritual as against the worldly; and, on the other, is interpreted as a trend or condition continuing over a period of time. The word "secular" or "God" is to be found only in forms of oath to be taken by various persons mentioned in the Third Schedule of the Constitution.
Prima facie, therefore, one is tempted conclude that a document which has no reference to God must necessarily be secular. The State is concerned with the things of this life-it is secular.24
The concept of secularism in its modern from articulately was expressed by George Jacob Holyoake.
Secularism is the concept that
23 D.E. Smith. op. cit., p. 12.
24 JIM O'DONNELL : WORDS AND CONCEPTS YOU NEED TO KNOW WHERE THEY COME FROM, WHAT THEY MEAN WORD GLOSS, First Published 1990, Institute of Public Administration, Brunswick Press Limited, Dublin, Ireland, p. 219.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE government or other entities should
exist separately from religion and/or religious beliefs. The Term was coined by G.J. Holyoake in 1851. It was regarded by its first proponent and its systematic formulation was done mainly by him. G.J. Holyoake, as an alternative to atheism and be defined on considerations purely human, and intended mainly for those who find theology indefinite, or inadequate, unreliable and unbelievable25. Donald Eugene Smith. says that 'a secular state is a state which guarantees individual and corporate freedom of religion, deals with the individual as a citizen respective of his religion, is not constitutionally connected a particular religion nor does it seek either to promote or interfere wish religion‟26.
The concept of secularism is a basic feature of the Constitution of India and the way of life adopted by the people of India as their abiding faith and creed.
Nehru expressed his grand conception of secularism in this word, „„we call our state a secular one. The word secular, perhaps is not a very happy one. And yet, for want of a better word, we have used it. What exactly does it mean? It does not mean a state where religion as such is discouraged. It means freedom of religion and conscience, including freedom for those who may have no religion. The word „secular‟, however, conveys something much more to me, although that might not be its dictionary meaning. It conveys the idea of social and political equality. Thus, a caste-ridden society is not properly secular.” He wanted to build a new India on the three pillars of democracy, socialism and science. In really, he believed in the human ethical values to govern the pursuits of material well- being.
Dr.B.R.Ambedkar, Chairman of the Drafting Committee speaking on the Hindu Code Bill in 1951, in Parliament, explained the secular concept as follows, „„it (secular state) does not
25 George Jacob Holyoake: The Origin and Nature of Secularism [London, 1986], P. 41.
26 Donald Eugene Smith: India as a Secular State (1963);
Published by Princeton University Press, Princeton New Jersey, P. 4.
means that this parliament shall not be competent to impose any particular religion upon the rest of the people.
This is the only limitation that the Constitution recognizes‟‟. In 1965, M.C.Setalvad says that „….The coming of the partition emphasized the great importance of secularism.
Notwithstanding the partition, a large Muslim minority, constituting a tenth of the population, continued to be the citizens of independent India. There were also other important minority groups of citizens. In the circumstances, a secular Constitution for independent India, under which all religions could enjoy equal rights and which could weld together into one nation the different religious communities, became inevitable‟ .It is a positive concept of equal treatment of all religion. A concerned and earnest endeavour, both by the State and citizen, towards secularization are in accordance with this wide concept and the establishment of a true and
cohesive Indian national hood.
Elements of Secularism: As per his definition the concept of a secular state involves three distinct but interrelated sets of relationship concerning the state, religion and the individual. The first set is the relationship between religion and the individual. The second set is the relationship of the state and individual and third set is the relationship of the state and religion. Three point outs founded by Donald Smith’s definition as:
(i) Religion and the individual (freedom of religion),
(ii) The State and the individual (citizenship) and (iii) The State and religion (separation of religion)27.
(i) Freedom of Religion: Freedom of religion means that the individual is free to consider and to discuss with others the relative claims of differing religions, and to come to his decision
27 D.E. Smith, India as a Secular state, (Princeton University Press, Princeton, New Jersey, 1963), p. 4.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE without any interference from the
state.28
(ii) Citizenship: The Secular state views the individual as a citizen, and not as a member of a particular religious group.29
(iii) Separation of Religion: In a secular state all religions are, in one limited respect, subordinate to as well as separate from the state.30
I examine broadly all the features of the Indian Constitution it is possible to say that India is a secular state in the sense that:
(i) No particular religion is prescribed as the state-religion no official state-religion);
(ii) No preferential treatment is envisaged to any religion or to people professing any particular religion (right to freedom of religion); and
(iii) The right to worship is given to persons professing all religions (right to worship on equality).
(i) No Official State: Religion means no any religion adopted by state in democratic India as Hindu Country or Muslim Country or Christian Country or Buddhist Country or Parasi County. Therefore India has no state – religion.
(ii) Right to Freedom of Religion:
Right to freedom of religion means any citizen adopts a religion on self consent but not on any pressure of state or society in back to home (Ghar Wapasi).
(iii) Right to Worship on Equality:
No interferes by state to any citizen to process of worship. Only restrictions should be to pollution by state for any religious process during worship.
Secularism and the Constitution of India:
During the emergency imposed by the Government of Mrs. Indira Gandhi, the Preamble31 of the Indian
28Ibid. P. 4.
29 Ibid. P. 5.
30 Ibid. P. 7.
31 We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to
Constitution was amended by the Constitution [Forty-second Amendment]
Act, 1976 so as include the word 'secular' before the words "Democratic Republic". After the Forty-Second Amendment to the Constitution, only two features are worth noting. In the preamble the word 'secular' has been introduced. And a new part, being part IV-A, Consisting of only one Article, being Article-51 A32, has been introduced. The Constitution only once, directly, refer to word 'secular' in Preamble33 without any direct reference to secularism, but that too to denote an aspect of religious practice.
Constitutionally, India is a secular nation34. The only demand of secularism, as mandated by the Indian Constitution, is that the state must treat all religion creeds and their respective adherents absolutely equally and without any discrimination in all
[SOVEREIGN, SOCIA LIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens :
JUSTICE, social, economic and political.
LIBERTY of thought, expression, belief, faith and worship,
EQUALITY of status and of opportunity;
and to promote among them all.
FRATERNITYA assuring the dignity of the individual and they [unity and the integrity of the Nation];
IN OUR CONSTITUTENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
32 The Constitution (Forty-second Amendment) Act, 1976, S. 11
33 We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in to [SOVEREIGN, SOCIA LIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens :
JUSTICE, social, economic and political. Liberty of thought, expression, belief, faith and worship, EQUALITY of status and of opportunity;
and to promote among them all.
FRATERNITYA assuring the dignity
of the individual and they [unity and the integrity of the Nation];
IN OUR CONSTITUTENT ASSEMBLY this twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
34 Tahir Mahmood : Religion, Law and Judiciary in Modern India, BRIGHAM YOUNG UNIVERSITY LAW REVIEW (2006), P. 756.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE matters under its direct control35.The
Constitutional provisions have given following:
Article 14 says, Equity before law. - The state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15 says, Prohibition of discrimination on grounds of religion...
of birth. - Prohibition of discrimination on grounds of religion... of them.
Article 25 says, Freedom of conscience and free profession, practice and propagation of religion.-
1) Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion,
2) Nothing in this article shall affect the operation of any existing law or prevent the state from making any law.-
(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
Article 26 says, Freedom to manage religious affairs.– Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.-
(a) To establish and maintain institutions for religious and charitable purposes;
(b) To manage its own affairs in matters of religion;
Article 27 says, Freedom as to payment of taxes for promotion of any particular religion. – No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
35Ibid, p. 757.
Article 28 says, Freedom as to attendance at religious instruction or religious worship in certain educational institution.-
a) No religious instruction shall be provided in any educational institution wholly maintained out of state funds.
b) Nothing in clause (i) shall apply to an educational institution which is administered by the state but has been established under any endowment or trust which requires that religious instruction shall be imported in such institution.
c) No person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached there to unless such person or, if such person or, if such person is a minor, has guardian has given his consent there to.
Article 29 says, Protection of interests of minorities.-
(2) No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion... of them.
Article 30 Says, Right to minorities to establish and administer educational institution. – All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 51 – A36 says Fundamental duties. It shall be the duty of every citizen of India.-
(c) To promote harmony and the spirit of Common brotherhood amongst all the people of India transcending religious ... to the dignity of women;
36 The Constitution (Forty-second Amendment) Act, 1976, S. 11.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE (d) To develop the scientific
temper, humanism and the spirit of inquiry and reform.
Judicial Approach:
In Kesavanand Bharti V. State of Kerala37, the Apex Court was held that secularism is a part of the basic features of the Constitution. Justice M.H. Beg observed:
"Even our ancient jurists recognized the principles that one generation has no right to tie down future generations to its own views or laws even on fundamentals. They not only differ between one society and another but also as between one generation and another of the same society or nation."
In Ziyauddin Burhammudin Bukhari v. Brijmohan Ramdass Mehra and Bros38, said: “The secular state, rising above all differences of religion, and attempts to secure the good of all its citizens irrespective of their religious beliefs and practices. It is neutral or impartial in extending its benefits to citizens of all castes and creeds.
Maitland has pointed out that such a state has to ensure through its laws that the existence or exercise of political or civil right or the right or capacity to occupy any office or position under it or to perform any public duty connected with it does not depend upon the profession or practice of any perticular religion.‟‟
In St. Xavier's College Society V. State of Gujarat39, Justice H.R.
Khanna observed:
"--- secularism is neither anti- God nor pro-god; it treats alike the devout, the antagonistic and the atheist. It eliminates God from the matters of the state and ensures that no one shall be discriminated against on the ground of religion..."
Further, the Supreme Court held that Article 30(1) gives the right to linguistic minorities irrespective of their religion. It is, therefore, not at all
37 AIR 1973 SC 1461.
38 1975 Suppl. S.C.R., 281.
39 AIR 1974 SC 1389.
possible to exclusive secular education from Article 30.
In S.R. Bommai V. Union of India40, Justice Sawant observed:
"... Religious tolerance and equal treatment of all religious groups and protection of their life and property and of the places of their worship are an essential part of secularism enshrined in our Constitution..."
In S.R. Bommai V. Union of India41, Justice Ramaswamy said:
“The Preamble of the Constitution is an integral part of the Constitution.
Democratic form of government, federal structure, unity and integratly of the nation, secularism, social justice and judicial review are basic feature of the
Constitution.‟‟
In Ismail Faruqui V. Union of India and Ayodhya case42 the Apex Court observed:
"It is clear from the Constitutional scheme that it guarantees equality and groups irrespective of their faith emphasizing that there is no religion of the state itself. The Preamble of the Constitution read in particular with Article 25 to 28 emphasizes this aspect and indicates that it is in this manner the concept of secularism embodied in the Constitutional scheme as a creed adopted by the Indian people has to be understood while examining the Constitutional validity of any legislation on the touchstone of the Constitution.
This Concept of secularism is one fact of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our Constitution."
In S. Azeez Basha and Anr. V Union of India43, the Supreme Court held that as the Aligarh Muslim University was established by the Central Legislature under the Act of 1920, the Muslim minority can not claim to administer it. It is not necessary that the whole community
40 AIR 1974 SC 1918.
41 Ibid.
42 AIR (1994) 6SCC 360, AIR 1995 SC 605.
43 AIR 1968 SC 622.
Vol.03, Issue 03, March 2018 Available Online: www.ajeee.co.in/index.php/AJEEE must be involved in the establishment
of the educational institution.
In State of Bombay V. Bombay Education Society44, the Supreme Court held that a minority, like the Anglo-Indian community, which is based inter alia on religion and language, has the fundamental right to conserve its language, script and culture under Article 29(1) and has the right to establish and administer educational institutions of its choice under Article 30(1).
In St. Stephen's College45 Case, the Supreme Court observed that:
"If an educational institution says: 'Yes' to one candidate and 'no' to another, candidate on grounds of religion, it amounts to discrimination on grounds of religion, the mandate of Article 29(2) is that there shall not be any such discrimination."
In A S Narayana V. State of Andhra Pradesh46, the Supreme Court observed that:
"In the midst of unity in diversity among the Indians having different religious and cultural hues, for their assimilation as integrated citizens, all endowed with human rights, dignity of person, equality of status, liberty of faith and worship with fraternity, the religious spirituality fosters them as a strong unifying social entity."
Conclusion:
In the light of above discussion it can be concluded that secularism in India has assumed several aspects. . Secularism developed as a reaction of all human activity based on religious freedom and it‟s equated with rationalism, positivism, materialism, utilitarism etc. The concept of secularism is of facet of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our the Constitution. Secularism is given pride of place in the Constitution of India.
44 AIR 1954 SC 561.
45 AIR 1992 SC 1630.
46 AIR 1996 SC 1765.
The Preamble of the Constitution and various articles has given provisions that State was enjoined to accordance equal treatment to all religions. India‟s religion-state relations are both unique and fascinating with the ground on reality. Secularism has fruited through Justice, Liberty and Equality. The Supreme Court observed that secularism as narrowly under stood to mean neutrality of the state towards all religions and bereft of positive approach towards all religions47or as one of benevolent neutrality.
Nehru realized that God is necessary evil. Dr. Shankar Dayal Sharma concluded that the Constitution of India specifically articulated the commitment of secularism on the basis of clear understanding of the desirable relationships between the Individual and Religion, between Religion and Religion, Religion and State, and the State and the Individual…Realized that secularism is always as well as equal respect to each another religion in democratic republic India because the state has no religion. Hence the state is bound to honor and to hold the scales even between all religions as Hindu, Muslim, Christian, Parasi, Jainism and Buddhism, etc.
47 Aruna Ray V. Union of India (2002) 7 SCC 368.
