Secularism in the Indian Constitution: Theory, Practice, and Judicial Interpretation

Abstract

             Secularism forms a core component of India’s constitutional identity, envisioned as a framework of equal respect for all religions rather than a strict separation between state and faith. In the contemporary Indian context, characterized by debates over personal laws, rising identity politics, and judicial scrutiny of religious practices, secularism has gained renewed significance. This paper examines the theoretical foundations of Indian secularism, rooted in the Constituent Assembly’s emphasis on religious freedom and state neutrality. It further evaluates the practical functioning of secularism through policy decisions, legislative interventions, and the challenges posed by religious pluralism in everyday governance. Central to this study is the evolving judicial interpretation of secularism, from its recognition as a basic feature in Kesavananda Bharati v. State of Kerala¹ to its affirmation as an essential guiding principle of governance in S.R. Bommai v. Union of India². Recent judicial developments including disputes over religious attire, educational autonomy, and places of worship underscore the dynamic tension between constitutional ideals and societal realities. The paper argues that, in the current socio-political climate, revitalizing India’s secular ethos requires a renewed commitment to constitutional morality, pluralism, and the judiciary’s role in safeguarding the delicate balance between religious freedom and state authority.