Author: Aditya Naduvinamani, KLE Law College, Bengaluru
To the point
Secularism in India, long considered the cornerstone of its constitutional identity, is under scrutiny. Critics allege a slow but systematic erosion of secular values in favor of majoritarian ideologies, primarily under the influence of right-wing governance since 2014. Events such as the inauguration of the Ram Mandir, enactment of the Citizenship Amendment Act (CAA), proliferation of anti-conversion laws, and state entanglement with religious symbolism are offered as indicators. However, the resilience of the judiciary, constitutional provisions, and civic consciousness provide counterbalance. This article examines both sides of this debate, grounded in legal reasoning and jurisprudence, and reaches a neutral conclusion based on facts and analysis.
Abstract
Secularism, enshrined in the Indian Constitution and affirmed through jurisprudential evolution, commands that the state remain equidistant from all religions. It is not merely a word in the Preamble but a guiding principle of governance. Yet, recent political and legal developments have prompted scholars, jurists, and civil society to question whether India is still true to its secular commitments. Using legal jargon, doctrinal analysis, and case laws like S.R. Bommai v. Union of India, this article assesses the alleged dilution of secular ideals. A neutral conclusion is drawn, acknowledging the complexity and dynamism of India’s democratic framework.
Use of Legal Jargon
Secularism, enshrined in the Indian Constitution and affirmed through jurisprudential evolution, commands that the state remain equidistant from all religions. It is not merely a word in the Preamble but a guiding principle of governance. Yet, recent political and legal developments have prompted scholars, jurists, and civil society to question whether India is still true to its secular commitments. Using legal jargon, doctrinal analysis, and case laws like S.R. Bommai v. Union of India, this article assesses the alleged dilution of secular ideals. A neutral conclusion is drawn, acknowledging the complexity and dynamism of India’s democratic framework.
Case Laws
1. S.R. Bommai v. Union of India, AIR 1994 SC 1918
Held that secularism is part of the Basic Structure of the Constitution. It upheld the dismissal of state governments that acted against secular principles, emphasizing that governance must not be colored by religious ideology.
2. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Although not directly on secularism, this landmark decision established the “Basic Structure Doctrine” which includes secularism as a foundational principle.
3. Aruna Roy v. Union of India, AIR 2002 SC 3176
Clarified that teaching religion in a comparative and objective manner in schools is not antithetical to secularism, as long as the state does not promote a specific faith.
4. Bijoe Emmanuel v. State of Kerala, AIR 1986 SC 748
Affirmed the right of Jehovah’s Witnesses not to sing the national anthem due to religious beliefs, reinforcing individual liberty under Article 25.
5. Bal Patil v. Union of India, AIR 2005 SC 3172
Refused minority status to the Jain community but reiterated that the state must treat all religions equally and avoid sectarian politics.
6. Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368
Upheld the right of a Muslim woman to marry a man of her choice, indirectly pushing back against narratives like “love jihad”.
Arguments Indicating Secularism is Declining
1. Religious Symbolism in Governance
The Prime Minister’s central role in the Ram Mandir consecration is seen by critics as a symbolic abandonment of secular neutrality. The state appears to blur the line between governance and religious celebration.
2. The Citizenship Amendment Act (CAA), 2019
By granting citizenship based on religion and excluding Muslims, the CAA arguably violates Article 14 (equality before the law) and the secular ethos of the Constitution. Critics label it a “religious test for citizenship”.
3. Anti-Conversion Laws
Multiple BJP-ruled states (Uttar Pradesh, Madhya Pradesh, Karnataka) have enacted laws criminalizing religious conversion without prior state approval. Though justified as protection against “forced conversions”, these laws are often used to target interfaith couples and religious minorities.
4. Mob Violence and State Inaction
Instances of cow vigilantism, lynchings, and communal riots (e.g., Delhi 2020) have been linked to right-wing groups with perceived impunity. The state’s failure to act decisively in many of these cases is viewed as tacit approval.
5. Curriculum Revisions
Recent NCERT textbook changes have reduced or removed sections on Mughal rule and Muslim contributions to Indian history, drawing allegations of ideological rewriting aimed at minimizing Islamic influence.
6. Surveillance and Profiling
The NRC process in Assam and potential nationwide rollout of NPR/NRC are alleged to disproportionately affect Muslims, reinforcing the fear of institutionalized discrimination.
Arguments Defending Secularism’s Continuity
1. Constitutional Safeguards Still Intact
Fundamental Rights under Articles 14, 15, 25-28, and judicial pronouncements continue to uphold the secular character of the Indian Republic.
2. Judiciary as a Balancing Force
Courts have acted as counterweights—invalidating triple talaq, permitting interfaith marriages, and protecting religious freedoms in public education and employment.
3. Inclusive Welfare Schemes
Government schemes like PM Awas Yojana, Ujjwala Yojana, and Jan Dhan accounts are availed by all communities, suggesting that economic policies remain religion-neutral.
4. Principled Distance Model Allows Selective Engagement
India’s model does not require strict separation. Subsidies for Hajj and Kumbh Mela, or special personal laws, are all part of Indian secularism’s distinctive identity.
5. Political Counterweights Exist
Despite dominance by the BJP, states governed by opposition parties continue to champion secular values—e.g., Tamil Nadu, Kerala, West Bengal.
Conclusion
The assertion that secularism is “dying” in India finds support in recent state actions, religious symbolism in politics, legal developments, and systemic bias. The trends raise legitimate concerns about the erosion of constitutional neutrality and equal treatment of all religions. However, to declare secularism dead would be premature and analytically imprecise.
India’s secularism, unlike the Western prototype, is inherently adaptive. Its survival depends not only on political choices but on the vigilant assertion of constitutional morality by courts, civil society, academia, and an informed citizenry. While the stress on secularism is real and demands attention, the system’s inherent design still permits self-correction—through legal recourse, electoral processes, and public discourse.
Thus, secularism in India is not dead, but at a crossroads. Its direction will depend on sustained legal engagement, grassroots activism, and a reawakening of constitutional commitment among both rulers and the ruled.
