COMPARATIVE STUDY OF NATUE AND SCOPE OF SECULARISM IN INDIA, UK,

U.S.A

ABSTRACT

Secularism is the means by which all individuals enjoy religious liberty. The concept of religious
equality is enshrined in India's Constitution, which is a religiously diverse country. Although the
term "secular" was not initially included in the Indian Constitution, it was added in 1976 via the
42nd Amendment. However, the values of secular character have been woven into the
constitutional fabric of India since its inception. This aspect has been repeatedly emphasised by
the judiciary. It is safe to assert that secularism is one of the Constitution's fundamental
principles and cannot ever be altered. Nonetheless, it has occasionally been discovered that the
state indirectly favours a particular religion over the concept of secularism. This paper also
examines the nature and scope of secularism in India, the United Kingdom, and the United
States. This paper seeks to comprehend the meaning and concept of secularism in India, as well
as its obstacles.

Keywords: Secularism, Democracy, Discrimination, Constituent Assembly, Constitution,

India is a large country full of residents of various castes, creeds, religions, and sociocultural
origins. Additionally, the population of this nation is diverse. Secularism has always been a
philosophical phenomenon that is ingrained in our political structure, despite the fact that the
word is not mentioned in the Constitution. Despite the fact that the secularism on which the
Indian Constitution is based is fundamental, its applicability in modern India is in doubt because
of the growing role played by religion in the societal construction of ethnic and communal
identity, which encourages political mobilisation. In India, ideologies of the person and the group
continue to be greatly influenced by caste, religion, and regional divisions. Secularism has been a
fundamental component of Indian democracy for more than 70 years, but its boundaries and uses
are still up for debate.1 However, this does not imply that the state should stay apolitical towards
religion. Secularism actually means that the state should not have its own religion and that no
one could declare the state to be a theocracy. The word "secular" was added to the Constitution
in order to express the lofty principles of socialism, secularism, and national integrity. People
can recognise the necessary conditions for human progress in all areas and cultures, including
social progress, thanks to secularism. Modern secularism has, however, also been associated with
the subjective idea of modernity, which is significant from a personal perspective. Undoubtedly,
secularism and modernity go hand in hand, but many people think that the fundamental ideal of
respect for all faiths has not been realised in social reality. 2 This essay's goal is to investigate the
definition and idea of secularism in relation to the Indian Constitution. In the paper, it is also
discussed to what degree India upholds the secularist ideal. In addition to the foregoing, the
discussion has focused on the judiciary's involvement in the interpretation of secularism. The
legislative amendment's impact on the country's secularist ideology and practises is also

1
Shetreet Shimon & Chodosh, Hiram E. Uniform Civil Code, Oxford University Press, 1st edition 2015 ISBN: 978-0-
19-807712-1 Page No. 27.
2
Ebenstein, Great political Thinker 3rd Edition Oxford and IBH 1969 p. 257-258.
examined in this essay. In order to complete this job, a doctrinal methodology was used. The
materials used in this essay are both primary and secondary.

DEFINITION AND PRINCIPLE OF SECULARISM

There is no clear definition of secularism in any text. The theory and practice system, however,
disdains or rejects all forms of religious belief and worship. A secular state's basic tenet is that
both the state and religion should refrain from interfering in each other's internal affairs.
Secularism is the idea that religion and ecclesiastical issues have no place in the government,
according to Webster's New World Dictionary. Secularism is a proactive idea that promotes
treating all faiths equally; it is not merely a passive attitude of religious tolerance. A secular state
does not show preference for any one faith over others. The State will not create a State religion,
give any citizen preferential treatment, or treat them differently because of their religious beliefs.
This does not, however, mean that a state without a recognized religion is a theocracy. 3 A secular
state does not support or oppose any particular faith. It is neither pious nor irreligious.
Additionally, a secular state upholds religious neutrality and grants each religion identical
protection. In other terms, secularism implies that all religions have an equal standing. There are
two main theories of secularism: the Western theory and the Hindu theory. Thomas Jefferson's
views serve as the cornerstone of Western secularism. Building a wall of separation between
Church and State is an essential requirement in a free society, he declared in 1908. He thought
that state and religious organisations ought to be kept apart. One guiding principle is that
people's freedom of conscience is only constrained by the requirement for public order and
regard for other people's rights. In other words, restrictions may be placed on a person whose
practise of one belief infringes on the rights of followers of other faiths. Thomas Jefferson
thought that people shouldn't be treated unfairly because of their faith. The eighteenth century is
when western secularism first emerged. The British reformer Jacob Holyoke coined the word
"secularism" in 1851.4 He used this term to characterise his support for a social order separate
3
Srinivasan T.N., The Future of Secularism, Oxford University Press New Delhi Forth edition 2014 ISBN: 978-0-19-
569885-5 Page No. 162.
4
Bhargav Rajeev, Secularism and its critics, Oxford University Press First Edition 1998, ISBN: 978-0-19- 565027-3
Page No. 177.
from religion without criticising religious belief. Reviewing the debates' records from the
Constituent Assembly shows that the assembly's members were largely in agreement that India
would be a secular state. The secular foundation of India was emphasised by the Constituent
Assembly. The Indian Constitution's secularism, according to the Assembly, is not anti-religious;
rather, it forbids discrimination against citizens based on their faith. According to Dr. B. R.
Ambedkar, secularism is: "The concept of a secular state does not mean that we should disregard
the beliefs of the populace. The term "secular state" simply means that the government lacks the
power to impose any specific religion on the rest of the populace. The Constitution only
acknowledges this one limitation." Two different views on secularism emerged following the
discussion in the Constituent Assembly: Gandhi's and Nehru's. The foundation of Gandhi's
philosophy was the idea of "Sarva Dharma Sambhav," or equality for all faiths. He thinks that
civic life and religion cannot be separated. He said that he will respect other faiths and that
religion is essential to him. The "Dharma Nirpeksha" concept was followed by Nehru. He
believed that religion ought to be a personal issue unrelated to public affairs 5. After
independence, a new idea of secularism that was more in line with Gandhi's and Nehru's
viewpoints developed. India became independent and accepted the following secularist
principles:

Any faith may be practised freely under the authority of the State.

The Crown shall not be a member of any religion.

The State must honour all equally valid religions.

The first two are comparable to western ideas, while the third is a unique idea from India about
equality. "The State owes no allegiance to any specific faith, it is neither irreligious nor anti-
religious, and it offers all religions equal freedom," said Justice P.B. Gajendragadkar, a former
Chief Justice of India. He made a comment about how the term "secular" or "secularism" had
been intentionally left out of the Constitution since its inception.6

5
Hassan Rajib, Ph.D Scholar, Lecturer'. Haldia Law College. Haldia Voice of Research Vol. 3, Issue 1 June 2014 ISSN
2277-7733 p.67.
6
Shetreet Shimon & Chodosh Hiram E., Uniform Civil Code, Oxford University Press 1 st edition 2015 ISBN: 978-0-
19-807712-1 Page No. 27.
 SECULARISM AND THE INDIAN CONSTITUTION

The connections between the State, society, and religion are ill-defined in the Indian notion of
secularism. Religions have different personal rules. Significant barriers to the success and
continued existence of secularism in India include the vulnerable position of religious minorities
and political formations' connections to religious fundamentalistsIt is essential to find ways to
depoliticize secularism and bring it closer to civil society; secularism in India is presently
excessively politicised. When the Indian Constitution was first written, it did not specifically
address the idea of secularism. However, the Part III (Articles 14, 15, 16, 25, 26, 27, 28, 29, 30),
Part IV (Article 44), and IVA (clause (e)) of the Indian Constitution all contain clauses that show
secularism to exist. The combined reading of these Articles reveals that the Founders had no
desire to promote the rationalisation of culture or to oppose faith. Secularism was already a part
of the Constitution prior to the 42nd(Amendment) Act of 1976, which went into effect on
January 3, 1977, even though it was the first time the term "secular" was inserted into the
Preamble of the Constitution (Singh, 2013).7 A republic where all religions are respected
equitably is considered "secular" according to the 42nd Constitutional (Amendment) Act of
1976. Despite the law's straightforward wording, the Supreme Court has frequently interpreted it
through different decisions. However, the Indian Constitution's apparent secularism does not
entail atheism or antitheism. It suggests that the State should be agnostic instead. The Supreme
Court of India declared in the case of Indira Nehru Gandhi v. Raj Narain that secularism requires
that the state have no official religion and that all citizens have an equal right to freedom of
conscience and the freedom to profess, practise, and promote any religion. In India, people of all
faiths had equal rights and were not the target of discrimination even before 1976. Everyone is
guaranteed equality before the law and equal security under the law under Article 14 of the

7
Jain, M.P. 2008. Indian Constitutional Law, Butterworth,Nagpur,p.1201.
Constitution. 8Nevertheless, logical categorizations are doable and ought to be handled similarly.
According to the Indian Constitution, the government is not allowed to treat any citizen
differently on the grounds of their religion, race, caste, gender, or location of birth. Chapter 15
(1) No citizen shall be subject to any disability, liability, restriction, or condition regarding
access to establishments that are wholly or partially maintained by the state or that are intended
for the general public, including stores, public restaurants, hotels, and places of public
entertainment, or regarding the use of wells, tanks, or other facilities. As a general rule, Article
16(1) states that all citizens shall have access to equal employment chances in State offices
(Singh, 2013). No citizen shall be disqualified from or subjected to discrimination in connection
with any employment or office of the State exclusively on the basis of religion, race, or other
characteristics (Article16 (2)), which is an expansion of Article16(1). The equality of citizens of
all religions is sufficiently guaranteed by these provisions. Given that India is a pluralistic
society and a multireligious country, the Constitution's drafters embraced the idea of religious
neutrality and gave different religious groups the right to practise their religions freely. In
keeping with our commitment to secularism, religious tolerance, and equity for all creeds. The
Indian Constitution adopted the principle of non-interference in religious issues, with a few
exceptions. Every Indian citizen has the freedom to practise their religion without interference as
long as they follow the law of the country, according to Articles 25 to 28 of the Indian
Constitution. The Indian Constitution's Article 25 lays out the conditions under which, and the
means by which, religious freedom may be restrained. Every person's freedom to profess,
practise, and spread his faith is protected by this article. Because a person is free to practise any
faith, the term "any person" used in Article 25 suggests that voluntary conversion from one
religion to another is acceptable. However, conversion through coercion, fraud, or enticement is
forbidden because it might disturb the peace. In addition, Article 25 gives the State the power to
set limitations in the interest of maintaining public order. 9 According to Article 25(1), something
that interferes with "public order" affects the entire community and does not just impact a single
person. A violation of public order will occur if the circumstance prevents the neighbourhood
from operating normally. The State won't get involved in religious disputes, so it can't control
religious practise. However, according to Article 25(2), the state may control a secular action
connected to a religious matter. If an action is not viewed as an essential component of a
8
Pylee, M.V. 2007. India’s Constitution, S.Chand Publication, Delhi, ,p.14.
9
Rai, Kailash. 2010. The Constitution of India, Central Law Publication, Allahabad,,p.287.
religion, it will be classified as secular. If it is regarded as an essential component of a religion, it
will be classified as religious. According to Article 25 of the Constitution, Talaq-e-biddat or
Triple Talaq is not protected because it is not a fundamental religious practise. Additionally,
under certain circumstances, the State may intervene in religious practises for societal reform.
The rationalisation procedure should lead to this social reform. No coercive legal force should be
applied to such social change. However, there are circumstances in which the state must use
legal coercion in order to enforce urgent societal reform. A law that forbade polygamy among
Hindus, for instance, was maintained as constitutional because it was not a fundamental and
integral component of Hinduism. The triple talaq among Muslims and the Sati and Devdasi
systems among Hindus have also been abolished because they were social ills and not core
principles of the aforementioned faiths. Polygamy is not a basic tenet of this religion, as
evidenced by the fact that it is still legal among Muslims in India but not in many other Muslim
nations. The Uniform Civil Code may also be implemented in the interest of social welfare,
social reform, and the general welfare, in accordance with Article 25(2)(b) of the Indian
Constitution.
 THE INDIAN JUDICIARY CONTRIBUTION TO FORMING THE SECULARISM

Secular is a dynamic term as opposed to a static one. This idea cannot be viewed from a fixed
point of view. The Court occasionally uses a distinct definition of secularism and puts it into
action. The Supreme Court decided in Sardar Taheruddin Syedna Sahib v. State of Bombay 10 that
Articles 25 and 26 emphasise the secular nature of the Indian democracy, which the
Constitution's forefathers believed to be its very foundation. The Supreme Court found that
secularism was an essential component of the Constitution in Kesavananda Bharati v. State of
Kerala. The essence of the Constitution, according to Chief Justice Sikri, is its secular character.
The basic elements of the Constitution, according to Justices Sheatand and Grover, are that they
are secular and federal in nature. Freedom of thought, speech, belief, faith, and worship,
according to Justice Jaganmohan Reddy, "could not be amended at any cost because they are
basic constitutional rights." Similar to this, in the case of Bommai v. Union of India,11 the
Supreme Court of India clarified what was meant by neutrality. According to the Court,
secularism necessitates treating each faith equally. The Supreme Court ruled that the word
"secular," which the 42nd Amendment added to the Preamble of the Constitution, emphasises the
basic rights protected by Articles 25–28. The Court further declared that the use of religion for
political ends and the use of religion by any political party to further political ends would be a
violation of the state's impartiality. Religion and politics shouldn't be mixed. A secular state may
not meddle in religious affairs, but this does not mean that the State has no voice in religious
issues. The secular operations of religious organisations are subject to state law. The Supreme
Court upheld that any land owned by a religious community could be taken by the state using
eminent domain in the case of Ismail Faruqi v. Union of India 12. The Supreme Court of India
decided in the case of Aruna Roy v. Union of India that the absence of state discrimination based
on religious differences is the cornerstone of secularism. The Supreme Court was tasked with
deciding whether secularism necessitates a complete separation of faith and politics in the case of
Abhiram Singh v. C D Commachem. According to the Court, secularism does not suggest that the
10
1962 AIR 853, 1962 SCR Supl. (2) 496.
11
AIR 1994 SC 1918.
12
AIR 1995 SC 605 A
state should disregard faith; rather, it mandates that all religions be treated equally. Politics
cannot be entirely divorced from religion or caste because they are fundamental tenets of our
culture. According to the Supreme Court, the Constitution's basic structure of secularism cannot
be changed. Secularism upholds religious equality and comes from the cultural value of
tolerance. No religion will be in peril in India because the government is not associated with any
particular faith. The Court further asserted that democracy and secularism are inextricably linked
and that a secular state is necessary for democracy to flourish and for marginalised groups to
profit from it.
 SECULARISM IN UNITED STATES OF AMERICA

The American model of secularism is also unique in the global context. In the United States, the
doctrine of separation of powers states that the legislative, executive, and judicial branches shall
not interfere in each other's respective fields. Separation exists between church and state, but
their relationship is independent of one another. The states under the American Federation nearly
all declared Christianity as their state religion, but the American Constitution, which came into
effect in 1787, altered the situation, and the United States became the only secular state in the
world. In the United States, no religious test shall ever be required as a qualification for any
office or public trust. 13The American constitution is the first constitution in the world to declare
the United States a secular state. "congress shall make no law respecting an establishment of
religion or prohibiting the free exercise thereof" is a provision of the First Amendment to the
United States Constitution that prohibits congress from enacting any legislation that establishes
or imposes a particular religion on American citizens 14. Thus, America became the world's first
official secular state. This amendment restricts the power of Congress and prohibits it from
interfering with religious matters. Congress was disqualified from imposing a law on American
citizens while it was in power. This is the epitome of secularism and religious neutrality on the
part of the state. The first landmark decision by the United States Supreme Court upheld the
amendment and held that "The establishment of religion clause of the first amendment means at
a minimum that neither the state nor the federal government can establish a church or pass laws
that favour one religion over another. A person cannot be coerced or influenced to attend or
abstain from church against his will, nor can he be compelled to believe or disbelieve in any
religion. No one may be punished for holding or expressing religious beliefs or nonbeliefs, or for
attending or not attending church. No tax, regardless of size, may be imposed to support religious

13
Article V1,3, Constitution United states 1787.
14
First Amendment to the Constitution of United States l79l.
activities or institutions... State and federal governments cannot participate openly or covertly in
the affairs of any religious organisation or group, and vice versa. The United States had initiated
the formation of secular states throughout the world. Religion is based solely on an individual's
direct experience with God or the supreme creator. If more freedom is granted, the nation's
prosperity will increase. The United States of America is a leading example of progress and
development due to the First Amendment to the American Constitution, which liberates
individuals and prevents states from enacting laws restricting religious freedom. The phrase "In
God We Trust" is engraved on United States coins. The government offices are closed on
religious holidays such as New Year's Day, Good Friday, and Christmas, among others. These
are some instances in which the United States allows religious practises as opposed to sponsoring
events and declaring holidays for the celebration of certain festivals. Judiciary is one of the most
organs of the state that is not exempt from the intervention of religion, as its daily work begins
with invoking God for the protection of the Supreme Court of the United States: "God save the
United States and this Honorable Court."15 If the judiciary is also subject to religious influence,
what can we expect from the other organs of the state? The role of the judiciary is insufficient to
adhere to the concept of secularism because numerous decisions make it clear that religious
interference in state affairs is permitted and vice versa. Judiciary has always jeopardised the
concept of secularism, because whenever any question was asked about the role of the judiciary
in favour of religion and its various practises in State Board of Education v. Barnette, the fact of
the case was that in the state of West Virginia, the pledge of allegiance was part of the daily
school routine. Some teachers discovered that two students were not reciting the pledge to the
National Flag of the United States of America.

15
Jeff Works. 113, quoted by Waite G.1. in George Reynolds v. United States 98 US 145. 164 (1878).
 SECULARISM IN UNITED KINGDOM

The concept of secularism as developed in the United Kingdom is vastly distinct from those of
India and the United States. The true nature and spirit of secularism is complete religious and
state neutrality. In ancient times, all decisions made by the spiritual head or church in England
were final and legally binding. Church believed that all political or temporal powers are derived
from God or religion, and as the head of religion in England, the Church has the authority to
impose binding decisions on the state or temporal power of the state. Modern secularism has
shifted somewhat, and now the king and the crown give direction to the church. England has a
parliamentary form of government, with the king acting as the prime minister's adviser.
Parliament of England has the authority to make decisions regarding the functioning and
finances of the Church. Every action against the state must be reported to the legislature. 16 It is
also the responsibility of the state to provide grants for the administration of the Churches in
England. England has granted all individuals and denominations the freedom to exercise
religious freedom. Parliament of the United Kingdom begins each day with Christian prayers.
Sunday is a special day of rest for many Christians, and Sunday shopping, while easier than it
once was, is still prohibited by law. Religious holidays such as Christmas and Easter continue to
be legally protected. Similarly, long-standing laws permit various Christians to celebrate legally
recognised religious marriages. Popular public television and radio stations continue to air
regular, frequent religious programming. As head of the Church of England, the monarch cannot
be a Catholic. On this and numerous other levels, the nature of daily life in the United Kingdom
appears to contradict the concept of a secular society.17 Unquestionably, the United Kingdom's
history has Christian roots, which the law mandates must be taught in lessons in State schools
that are required for the majority of children. In spite of this, it is evident that secularism has
become the norm in the United Kingdom. Thus, attendance at the majority of churches, including
the established churches, has declined annually for decades. Historically, religious ceremonies
were the norm for weddings, but civil services are now the most popular option.

16
Gill, R. “A Response to Steve Bruce‟s „Praying Alone‟” Journal of Contemporary Religion 335, no. 17 (2002): 337.
17
. D. Voas and A. Crockett “Religion in Britain: Neither Believing nor Belonging,” Sociology 11, no. 39 (2005): 19.
 CONCLUSION

Scientific approaches to the practise of secularism and the establishment of equal and social
justice in global society require deliberate and anticipated efforts. The Constitution guarantees
the right to religious freedom, and this is indisputable. We must comprehend the sense in which a
person is not granted the right to religion. The majority of individuals in India are religious.
Many believe that every biblical text contains a humane message. We should determine whether
all religions are tolerant, independent, and able to integrate the complementary components of
modernity with the curriculum and incorporate it into the school's curriculum. By doing so,
everyone can recognise all religions, and the freedom of religion can be proactively protected.
People may accept or reject religion. This won't prevent isolation, alienation, or polarisation, but
it will lead to religious harmony. A crucial aspect of secularism is the scientific worldview. This
pertains to the premise of your directive and the essential responsibilities of individuals. Religion
and politics must be distinct, and the true meaning of secularism, if it occurs, is the removal of
religion from public life. The government has no official religion. In India, the majority of
people believe that faith and altruistic preaching form the basis of all scriptures. In establishing a
secular culture, all the ideals of religious books incorporated into school curricula will become
complementary. The political system does not discriminate between religions; it supports all
religions equally, and welfare services for all religions can be implemented at a strategic level.