Secularism in India: Can the Word Be Removed from the Constitution?

The discussion surrounding the word 'secularism' in India's Constitution has been a matter of considerable debate over the years. This article explores the historical context, the legal standing, and the cultural nuances of the term, aiming to provide a comprehensive understanding of its significance in the Indian socio-political landscape.

Historical Context

The article Can the Secular be Part of Original Constitution/legislature dated 26 Jan 1950? i.e. Republic India Constitution inauguration day of India delves into the origins of secularism in India, highlighting that the term was not initially part of the original Constitution. Indian secularism against the Indian Republic was first defined socially by the Constituent Assembly under Nehru's leadership after Gandhi's assassination, but it was not explicitly mentioned in the Constitution until the 1970s.

Secularism was first mentioned in the Constitution during the emergency period when it was inserted into the Preamble. This addition can be modified through a constitutional amendment, indicating the fluid nature of the term within the legal framework of India.

Can Secularism be Removed from the Constitution?

Can the word 'secular' be removed from the Constitution? Under Article 368 of the Constitution, any part of the Constitution, including the Preamble, can be amended by the Parliament. Therefore, the word 'secular' can indeed be removed through a constitutional amendment. However, this option should be approached with caution, as it would have significant domestic and global repercussions.

The Nature of the State and Secularism

Is the nature of the state likely to change if 'secular' were removed from the Constitution? The Supreme Court has ruled that secularism forms the 'basic structure' of the Indian Constitution. The Indian state, being a secular state, has several constitutional provisions that explicitly or implicitly support this principle. For instance, Articles 25-28 guarantee freedom of religion, while Article 44 calls for the uniform civil code. The 42nd Amendment further reinforced the explicitly stated secular nature of the Constitution.

Secularism, as understood in India, is integral to the democratic fabric of the country. It ensures equal treatment and respect for all religions and cultures, promoting social harmony and communal peace.

Consequences of Removing 'Secular' from the Constitution

Removing 'secular' from the Constitution would be a sad occasion. It would signify a shift away from the inclusive and pluralistic values that are the cornerstone of India's democratic governance. This move could lead to further polarization and exacerbate sectarian tensions, undermining the fabric of social cohesion and communal harmony that the Constitution aims to uphold.

Secularism is not merely a political concept; it is a social and cultural value that embodies the principles of tolerance, equality, and justice. It is inextricably linked to the vision of a united and harmonious India, where all citizens, regardless of their faith or background, enjoy equal rights and opportunities.

Conclusion

In conclusion, while the term 'secular' can technically be removed from the Constitution through a constitutional amendment, this option should be considered with great caution. The removal of the word would fundamentally alter the social and legal landscape of India, potentially leading to negative consequences for the country's democratic and cultural values. Secularism remains a pivotal element of India's identity, and efforts should be made to preserve and uphold its spirit in the Constitution.