RIGHT TO “ PRACTISE RELIGION” : An Indian Perpspective On Taking

Secularism To The Highest Plinth

12/05/2018
Mansi Malik a fourth-year law student at lovely professional university, phagwara
On October 27th 2016, a constitutional court of India delivered a promising judgment on
Whether Secularism meant the complete separation of religion from politics, however the
Bench concluded Secularism does not mean that state should stay aloof from Religion, but
however it should give equal Treatment to all religion .The Bench here derivated with
Western Model Concept and influenced by the ideological contest view of Gandhism.

Dr BR Ambedkar marked such golden words in objective resolution while drafting Preamble
and embarked that there must be Equality to all status and position of religion. However in
the landmark case Justice B.P. Jeevan Reddy in SR Bommai vs Union of India 24 th April
1993 the observation made by bench that Secularism is a part of basic structure of
constitution and cannot be amended. secondly it was observed that the word secular is
derived from the cultural principle of tolerance and last observation was made that no religion
will be at risk in secular India.
Justice Ramaswami observed that there is an essential connection between secularism and
democracy. moreover these both are the elements of “Just Sate”. Secuarism derived its core
principle from Equality and equality is one of the basis of Democracy. which states that
source of power is with people. Secularism has been Binary opposition of communalism, it is
the Binary opposite of theocratic states.

The 42nd Constitutional Amendment Act states about Positive secularism which provide
freedom to practise, profess, propagate and manage religious institution.
 The objective of Articles 25 to 28 of the Indian Constitution is to protect religion and
religious practices from State interference except in certain exceptional circumstances that
affect the public at large. Hence, the judgment in Ranjit, which directs that the State cannot
compel disclosure of religion in their forms, is compatible with the aim of Article 25.

Moreover, secularism in India is sufficiently couched in the safe hands of the doctrine of
equality under Article 14 and more specifically under Article 15 of the Indian Constitution,
which aloof the states from discriminating the practise of any religion.

Therefore, it is constitutionally ideologist Gandhian view. The provincial units shall not make
religion a compulsory factor for any of its purpose. For Instance, the France has itself
witnessed such unitary Bias moreover after the 30-year War in England the Western Model
concept was arose which has supported the Secularism by creating a separation of wall
between religious institution and provincial units.
Even in Practical world as well, the religion does not serve any beneficial purpose or
discrimination to others in secular India. For example, in interviews for employments as well,
there is no such bar of selection on the basis on religion the Gandhian Ideologist cultural has
been adopted carefully and equal treatment of status and positions are been served to every
citizens of India.
Therefore “Ekam Brahma Vipra Bahudha Vadanti” states God is one wise man call him by
different names. In India government cannot aleged with religion. It is not based on
Westminsteral model, however it follows the Gandhian cultural principle of tolerance stating
equality among all religion but not completely aloof of religion from state.