RE-EXAMINING THE 'PRINCIPLED DISTANCE': CONSTITUTIONAL SECULARISM IN INDIA AND ITS CONTEMPORARY CHALLENGES

ABSTRACT:

This paper critically evaluates the unique normative framework of Indian secularism, moving away from Western, Eurocentric paradigms of a strict "wall of separation" between Church and State. Grounded in Rajeev Bhargava’s concept of "principled distance," Indian secularism functions as a positive mechanism designed to negotiate deep religious diversity by balancing individual liberties with community-specific minority rights.

This study examines the evolution of this model from the Constituent Assembly debates to contemporary judicial interpretations. It argues that Indian secularism is currently facing a deep crisis characterized by two main pressures: The growing influence of majoritarian politics and the judicial intervention of theological authority through the "Essential Religious Practices" doctrine.

Through a qualitative analysis of landmark judgments and recent legal developments up to 2026—including state-level Uniform Civil Codes (UCC) and statutory amendments—the paper evaluates whether the Indian secular fabric is undergoing a structural transformation from pluralist egalitarianism to majoritarian state-monopoly.