Simone Lawson
India is a secular state, which means it is neutral in religious matters and provides equal treatment to all religions. The Indian Constitution permits partial financial support for religious schools and the financing of religious buildings and infrastructure by the state. The degree of separation between the state and religion has varied with several court and executive orders in place since the establishment of the Republic. The word 'secular' was included in the Indian Constitution as part of the 42nd Amendment in 1976.
| Characteristics | Values |
|---|---|
| Year of Amendment | 1976 |
| Amendment Number | 42nd Amendment |
| Amendment Length | 20 pages |
| Amendment Proposer | Indira Gandhi |
| Amendment Type | Change to Preamble |
| Amendment Aim | To emphasise Indira Gandhi's commitment to socialism and promote unity among India's diverse religious communities |
| Amendment Outcome | Change in description of India from "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic" |
| Amendment Controversy | Yes, criticised by several parties including the Bharatiya Janata Party (BJP) |
| India's Secularism | Interpreted as equality before the law for all religions, with the state remaining neutral |
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What You'll Learn
The 42nd Amendment
The Amendment's 59 clauses significantly altered the basic structure of the Indian Constitution and reduced the power of the Supreme Court and High Courts in pronouncing upon the constitutional validity of laws. It also transferred power from state governments to the central government, giving sweeping powers to the Prime Minister's Office and moving the political system towards parliamentary sovereignty.
One of the key purposes of the 42nd Amendment was to insert the terms "socialist", "secular", and "integrity" into the Preamble, thereby changing the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic". This addition of the term "secular" formally enshrined the spirit of secularism, which had always been part of the Constitution's intent, into its body.
The Amendment also laid down the Fundamental Duties of Indian citizens to the nation and made special provisions for dealing with anti-national activities, whether by individuals or associations. Furthermore, it amended Article 82 and Article 83, making changes to the readjustment of seats in the House of the People and extending the term of office from five to six years, respectively.
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Indira Gandhi's role
The Indian Constitution, which came into force on 26 January 1950, did not originally include the word "secular" in its Preamble. However, during the Emergency period between 1975 and 1977, the 42nd Amendment Act of 1976 was enacted, which added the words "socialist" and "secular" to the Preamble. This change occurred under the leadership of Prime Minister Indira Gandhi.
The addition of the word "secular" to the Preamble during Indira Gandhi's tenure was intended to emphasise her commitment to socialism and promote a pro-poor image. It also aimed to foster unity among India's diverse religious communities by ensuring the state's neutrality towards all religions. This stood in contrast to the approach of Jawaharlal Nehru, India's first Prime Minister, who, along with B. R. Ambedkar, chairman of the drafting committee of the Constitution, had opposed the inclusion of the word "secular" in the Preamble. While Nehru and Ambedkar supported secularism, they recognised that a strict separation of religion and state, as seen in Western models, did not fit India's interconnected religious and political landscape.
Indira Gandhi's decision to include "secular" in the Preamble has been interpreted in various ways. Some critics, like eminent lawyer A G Noorani, argued that Gandhi leveraged the support of the Muslim community while resenting their rights as independent of her or her party. Historian Ramachandra Guha noted that the amendments passed during the Emergency period served to prolong Gandhi's rule. However, it is important to note that secularism was already implicit in the Constitution's philosophy, as Articles 25, 26, and 27 were designed to promote it. The 42nd Amendment made this commitment explicit, reflecting the dynamic and evolving nature of India's secularism.
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Jawaharlal Nehru's influence
Jawaharlal Nehru, the first Prime Minister of India, was a strong advocate of secularism. He was influenced by his childhood experiences, which included interactions with people of various religious backgrounds, such as his resident teacher, Ferdinand T. Brooks, a theosophist, and Munshi Mubarak Ali, a Munshi of his father. Living with Jews in Harrow also left a significant impact on him, exposing him to diverse philosophical thoughts and shaping his rational, humanistic attitude toward life.
Nehru's views on secularism were also shaped by his understanding of India's history and its pluralistic society. He recognised that India was home to multiple religions, including Hinduism, Buddhism, Jainism, Christianity, and Islam. He believed that a functional government structure must encourage and sustain this religious diversity, ensuring that the state remained neutral and did not favour any specific religion. In his worldview, communalism and majoritarianism had no place, and he emphasised the need to separate religion from politics.
Nehru's influence on secularism in India is evident in the country's constitutional framework. While he opposed including the term 'secular' in the Preamble of the Constitution, he established a flexible framework that upheld key principles of secularism. The Constitution, as shaped by Nehru, establishes no state religion, extends citizenship to all, guarantees equality of status and opportunity, and affirms the dignity of every individual. It also guarantees religious freedom for all citizens, with the caveat that the free exercise of religion must align with public order, morality, and the welfare of citizens.
Nehru's commitment to secularism was reflected in the first general election of 1951-1952, which he turned into a referendum on the nature of the Indian state. The people overwhelmingly voted in favour of a secular, inclusive Indian state, rejecting the communal forces of the Hindu Mahasabha, Jana Sangh, and Ram Rajya Parishad. Nehru's success in defeating communalism during this election left a lasting legacy, demonstrating that a secular, democratic India was possible.
Despite his initial hesitation to include the term 'secular' in the Constitution, Nehru's influence on India's secularism is undeniable. His ideas and policies laid the foundation for a modern, democratic, and secular nation, infused with a scientific temper. His legacy continues to be celebrated, and his contributions to India's secular democracy are remembered, especially in light of current challenges to secularism in the country.
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The Indian Muslim Personal Law
The Indian Constitution permits partial financial support for religious schools, as well as the financing of religious buildings and infrastructure by the state. It guarantees religious freedom for all citizens, with religious freedom being subject to public order, morality, and the welfare of citizens. The Constitution establishes no state religion, extends citizenship to all, guarantees equality of status and opportunity, and affirms the dignity of every individual.
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Religious freedom for all citizens
The Indian Constitution guarantees religious freedom for all citizens. The degree of separation between the state and religion, however, has varied since the establishment of the Republic. The Indian Constitution permits partial financial support for religious schools, as well as the financing of religious buildings and infrastructure by the state. Secularism was not included in the original Constitution, which came into force on 26 January 1950. The founding fathers of the Indian Republic were strong proponents of secularism, but the term "secular" was notably absent from the original document. Jawaharlal Nehru, India's first Prime Minister, and B. R. Ambedkar, chairman of the drafting committee of the Constitution, were committed to the ideal of secularism, but they hesitated to include the term in the Constitution. They were aware that the Western model of separating religion from the state did not fit India's interconnected religious and political landscape.
Nehru viewed secularism as a functional concept rather than a rigid institutional one, establishing a flexible framework that upholds essential principles. The Constitution establishes no state religion, extends citizenship to all, guarantees equality of status and opportunity, and affirms the dignity of every individual. He supported fighting communalism through social welfare and political engagement, while respecting religion. Nehru's vision of secularism was both dynamic and enlightened, allowing for religion to play a role in social welfare.
In 1948, during a heated debate in the Constituent Assembly on the nature of the Constitution, Prof K T Shah demanded the inclusion of the word "secular". While members agreed on the necessity of establishing a secular state, the term "secular" was ultimately dropped from the preamble. The word "secular" was added to the Constitution as part of the 42nd Amendment in 1976 during the Emergency period, enacted by then-Prime Minister Indira Gandhi. This change emphasised Gandhi's commitment to socialism and her pro-poor image. The inclusion of "secular" in the Preamble aimed to promote unity among India's diverse religious communities and ensure the state's neutrality towards all religions.
Despite the absence of the word "secular" in the original Preamble, the Supreme Court of India has affirmed that India was secular since the formation of the republic. The judgement in the 1994 case of S. R. Bommai v. Union of India established the separation of state and religion, stating that "in matters of State, religion has no place". The Indian Muslim Personal Law (Shariat) Application Act of 1937 remains the law of the land for Indian Muslims, while a non-religious uniform civil code passed in the mid-1950s applies to Hindus, Buddhists, Jains, Sikhs, Parsees, Christians, and Jews. The Indian Constitution allows for extensive state interference in religious affairs, and the interpretation of secularism in India has been characterised as the equality before the law of all religions, with the state remaining neutral.
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Frequently asked questions
The word 'secular' was added to the Indian Constitution in 1976 as part of the 42nd Amendment.
Indira Gandhi was the Prime Minister of India when the 42nd Amendment was passed.
The 42nd Amendment was passed during a period of Emergency in India. The Amendment gave unprecedented powers to the Parliament, and almost all parts of the Constitution were changed, including the preamble.
The 42nd Amendment changed the description of India in the preamble from "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic".
The inclusion of the word 'secular' in the Indian Constitution was significant because it made explicit the underlying principle of secularism, which was already implicit in the Constitution's various provisions and overall philosophy. The move aimed to promote unity among India's diverse religious communities and establish the state's neutrality towards all religions.
