SECULARISM AND RELIGIOUS RIGHTS IN THE INDIAN CONSTITUTION: A COMPREHENSIVE ANALYSIS
AUTHORS – MAYANK DWIVEDI1 & PROF. ARVIND P. BHANU2, LLM STUDENT1 AND ADDITIONAL DIRECTOR2, AMITY UNIVERSITY, NOIDA
BEST CITATION – MAYANK DWIVEDI& PROF. ARVIND P. BHANU, SECULARISM AND RELIGIOUS RIGHTS IN THE INDIAN CONSTITUTION: A COMPREHENSIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1408-1413, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The framers of the Indian Constitution, under the leadership of Dr. B.R. Ambedkar, incorporated secular principles into its framework, as reflected in the Preamble’s declaration of India as a sovereign, socialist, secular, and democratic republic. Articles 25 to 28 guarantee freedom of religion and prohibit discrimination based on religion. This paper examines the Constituent Assembly debates surrounding secularism and religious rights, highlighting key perspectives and debates.
During the Constituent Assembly debates the Constitution framers questioned the feasibility of a secular state, advocating either for explicit state indifference to religion or the affirmation of indigenous faith and culture. Dr. B.R. Ambedkar addressed various viewpoints, advocating for a middle ground that balances religious freedom with concerns of social harmony and misuse of public funds. The debates on invoking “In the name of God” in the Constitution elucidate the significance of spiritual beliefs in Indian culture, with proponents arguing for its inclusion to acknowledge the nation’s deep-rooted spirituality.
Analysis of constitutional provisions under Articles 25 to 30 delves into the protection of religious freedom, the management of religious institutions, and the rights of minorities to establish and administer educational institutions. Legal precedents offer insights into the interpretation and application of these provisions, emphasizing the delicate balance between religious freedom and state regulation in a diverse society. This paper provides a comprehensive understanding of secularism and religious rights in the Indian Constitution, shedding light on its evolution, debates, and legal framework.