secularism

The word “secular” was added to the Preamble by the Constitution (Forty-second Amendment) Act, 1976, but the idea was present from the start in Articles 14, 15, 16, 25–30. Indian secularism differs from the American “wall of separation”: the State may regulate secular activities connected with religion, reform social practices (Article 25(2)), and support religious institutions, as long as it treats all religions equally (sarva dharma sambhava) and does not discriminate on religious grounds.

In S.R. Bommai the Supreme Court held that secularism is part of the basic structure, and that a State government acting against it may be dismissed under Article 356.

Example

Since S.R. Bommai, a State government that promotes one religion against others violates secularism, a basic feature of the Constitution.

In Indian law

• Preamble and Articles 25–28, Constitution of India
• S.R. Bommai v. Union of India, 1994 INSC 111: secularism is part of the basic structure

See also

basic structure doctrine · preamble · fundamental rights

Read more in the study notes

• Articles 25 to 28: freedom of religion and secularism (Constitutional Law I)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Constitution: meaning, kinds and constitutionalism (Constitutional Law I)
• Salient features of the Indian Constitution (Constitutional Law I)
• The Preamble: meaning, scope and importance (Constitutional Law I)
• Emergency provisions (Constitutional Law II)