The Role of Secularism in the Indian Constitution

• The Indian Constitution is traditionally secular, with the introduction of secularism through the 42nd Amendment in 1977.

• The Constitution was framed during World War II and the Partition of India, emphasizing group identities and territorial demarcations.

• The Constitution guarantees equality, non-discrimination, protection from religious taxes, and equal ballots.

• God is significantly absent throughout the Constitution, with provisions enforcing equality within the Hindu religion.

• The constitutional vision of secularism is one of principled equality from all religious matters, regulated in a manner consistent with modern society demands.

• The original Constitution, adopted on November 26, 1949, is argued to be a secular document.

• The 42nd Amendment added the words “socialist” and “secular” to the Preamble, highlighting what was already present in the original text.

• The Supreme Court ruled in the Kesavananda Bharati case that secularism is part of the basic structure of the Constitution.

• The 44th Amendment by the Janata government undid most of the damage achieved by the 42nd Amendment but chose to preserve the addition of the words “socialist” and “secular” to the Preamble.