Secularism is an English philosophy developed during time of Enlighten Movement
in Europe. It was first coined by George Jacob Holyoake in 1851. To him
Secularism is a social order separate from religion without criticizing the
beliefs of religion. Secularism is an aggravated and ambiguous doctrine
everywhere. This secularism is contested even by academics due to its varying
ambit and proximity of differentiation in religion and state in top nation
sates. Indian academics were among the first to voice their opposition to
Secularism[1].
The Indian model of Secularism is a different and much molded
version which tend to suit in the society with diverse socio cultural and
religious diversity. Indian State recognizes all religion but has no religion.
The political system and government mechanism of India is free from religious
influence.
The word "Secularism" is used only in the Preamble of Constitution,
where the word "secular" was inserted by the 42nd Amendment 1976. But its
essence was impliedly enshrined in the Constitution in Article 14, 15, 16, 19,
21, 25-29 and 44 where a deep dive into these provisions of the Constitution
reflects that this concept is limited, qualifies and unique. The change was
enacted during the tenure of Prime Minister Indira Gandhi during the period of
Emergency.
Secularism in India recognizes the right of religious organizations to create
and sustain educational institutions in addition to the freedom of individuals
to follow their own religious convictions. Indian secularism does not establish
a rigid division between the state and religion, in contrast to many other
versions. Rather, it recognizes Indian society's diversity and plurality of
religions.
It is focused on the relationships and impacts between various
religions in addition to problems within specific faiths. With this concept, the
state is able to interact with faiths without trying to suppress or control
them. The state does not support any one religion, but it does formally
recognize and give public recognition to religious communities.
Keeping a moral distance and striking a balance between various values are key
components of the Indian approach to secularism. This indicates that the state
makes an effort to balance many, occasionally unclear, but equally significant
values. It is a democratically negotiated, contextual, ethically sensitive, and
flexible agreement rather than a strict, one-size-fits-all ideology.
In India,
secularism seeks to guarantee each person's complete enjoyment of life, liberty,
and happiness. But in their interactions with other people, secularists need to
approach this objective with a sense of moral purpose. It's about creating an
environment in which individuals from different religious backgrounds can
prosper and live side by side.
The Hon'ble Supreme Court in the case of
Ahmadabad St Xavier's College Society V
State of Gujarat[2] described the religious, linguistic and cultural diversity
of India in the following legendary words: "India is the most popular country of
the word. The people inhabiting this vast profess different religious and speak
different language. Despite the diversity of religion and language, there runs
through the fabric of the Nation the golden thread of a basic innate unity. It
is a mosaic of different religious, languages and cultures. Each of them has
made a mark on the Indian policy and India today represents a synthesis of them
all."
This project does not encompass the political and philosophical ideology of
Secularism but deals with 'Secularism' in Indian Constitution, its development
through various precedents and its interpretation at times of issues with
religious institutions and the object of the State.
Meaning Of Secularism
Secularism can also refer to a similar stance that aims to eliminate or reduce
the influence of religion in any public domain. Secularism is most frequently
understood to be the separation of religion from civil affairs and the state.
Secularism in liberal context means the complete separation of religion from the
politics.
In Transformationalist ideology religion should be treated as a
private matter and it tends to create scientific perspectives among the
individuals. However, it is a system of doctrine and practice that disregards or
rejects any form of religious faith and worship[3]. Secularism in Indian context
means the religious neutrality of the State and religious tolerance among
individuals of various theological groups.
Constitutional History Of Secularism
The concept of secularism as embodied in the Constitution of India is not
similar to western view about secularism. The provisions of religious freedom
were put forth by framers of the constitution only after great debates which
aims is nondiscrimination of religious groups. Many years ago, when India's
Constitution was being drafted, B.R. Ambedkar, who piloted various drafts
through the Constituent Assembly, stated that the individual rather than the
group was the basis of the Indian Constitution[4].
The Constituent Assembly's
vacillation between strict separation, Hindu majoritarianism, and various
intermediate alternatives is widely held to have settled on the notions of Sarva
Dharma Sambhava (good will toward all faiths) and Dharma Nirpekshata (religious
neutrality), to which duo, a third, the Gandhian Vasudeva Kudumbakam (universal
brotherhood), is frequently added. Nevertheless, such formulations greatly
understate-and to some extent, misstate-the importance accorded to religion by
the Constitution.[5]
Professor KT Shah interjected on November 15, 1948, during a contentious debate
about the character of the Constitution in the Constituent Assembly, during
which the newly independent Indian government was taking place. He demanded that
the word "secular" be added to the Preamble of the Constitution. "Sir, I implore
you to include the words 'Secular, Federal, Socialist' after the term 'A' in
Clause (1) of Article 1. "India shall be a secular, federal, socialist Union of
States," he declared, rewording the article or phrase. Following the debate,
members agreed that the Indian government should follow secular ideals, leading
to the word "secular" being removed from the preamble.
Secularism was strongly supported by the majority of the founders of modern
India, who were influenced by European concepts and customs. Jawaharlal Nehru,
the nation's first prime minister, was foremost among them. He considered the
existence of a secular state to be a crucial component of modernity. During the
deliberations in the Constituent Assembly, he stated, "We have done the same
thing as every country except the advanced countries, the backward countries."
Contrary to popular belief, Nehru and Dr. B R Ambedkar, the Chairman of the
Constitution Drafting Committee were adamantly against the concept of putting
the word "secularism" in the preamble of the Constitution.
According to academics like Ashish Nandy and T.N. Madan, India's secular state
was destined to fail. According to Madan, given the current situation,
"secularism in South Asia as a generally shared credo of life is impossible, as
a basis for state action impracticable, and as a blueprint for the foreseeable
future impotent"[6].
When the Preamble of the Constitution was debated in the Constituent Assembly,
the debate on incorporating secularism took up much time. Political scientist
Shebali Jha explains in an article, "All members agreed on the need to establish
a secular state. Most shared an understanding of history. In it the move to
separate religion and state was irrevocably part of a plan to democratize the
latter. The link between secularism and the effective functioning of democracy
is well established in Europe. Secularism was considered absolutely necessary as
India was to follow the principles of democracy"[7].
Ambedkar and Nehru were
devoted to the secularist ideal. Whether one is Christian, Sikh, Muslim, or
Hindu, this is an ideal for all of us. Nehru remarked, "No matter who we are,
none of us can firmly state that he has no prejudice or communalism in mind or
heart".
"What should be the policy of the state, how society should be organized
socially and economically are matters for the people to decide according to time
and circumstances"[8], stated Ambedkar in a clarification of his views on the
state after secularism. It totally undermines democracy; hence the Constitution
cannot contain it.
In order to further advance secularism, the Constituent
Assembly subsequently approved Articles 25, 26, and 27 of the Constitution.
Secularism is deeply ingrained in the constitutional ideology, even if it is not
expressly stated in the document. They knew that secularism in the proper sense
of the word could not be applied in the Indian context and that it had to be
interpreted where it emerged. It is in the words of Ian Copeland, "It is better
not to use the word than to use it fraudulently".
It was then by the 42nd Amendment Act, the then Prime Minister Indira Gandhi
added the word "
Secular" in the preamble of Indian Constitution.
Secularism: A Part Of Basic Structure
India gained independence from British colonial rule in 1947. They now set out
to make a new, challenging attempt to establish an economically independent
democracy that would provide for the rights of all of its citizens. India was
dedicated to the idea of secularism in its place. With Pakistan's independence
from India on religious grounds, the idea of secularism has gained greater
significance. India had held the belief during the division that it wished to
create a country in which its people would not have a religious identity.
The
term 'secular' was inserted into the Preamble of the Indian Constitution by the
42nd Constitutional Amendment (1976), notwithstanding the Constituent Assembly's
reluctance to include it in the original text. It shows that India is a union of
states that is apart from religion and that it will protect religious freedom
for followers of all faiths without targeting any individual due to their
religion.
Articles 25 to 28 of the Indian Constitution grant everyone the
ability to practice their religion freely, both individually and collectively,
under the heading of the Fundamental Rights guaranteed by Part III. Articles 15
and 16 of the Indian Constitution also guarantee nondiscrimination based on
religion. Thus, it can be said that through its Preamble, Fundamental rights and
Directive Principles of State Policies, India have developed themselves into
secular state grounded on the belief of impartiality, justice and fairly[9].
With the advent of the Indian Constitutional ideology of social and economic
democracy, secularism has come to be seen as one of the fundamental components
of the Indian Constitution. This means that the fundamental framework of
secularism cannot be removed from constitutional legislation by the parliament
using the amendment authority granted to it by Article 368 of the Constitution.
It is claimed that belief is the subject of religion. Even if some may disagree,
it is undeniably true that India and its people have embraced globalization, yet
at their core, they continue to adhere to deeply held religious beliefs.
Undoubtedly, the way that "secularism" is currently viewed in India is worrying.
The idea of secularism has occasionally been developed by the Indian Supreme
Court. For example, the Hon'ble Supreme Court addresses the idea of secularism
for the first time in the case of
Sardar Taheruddin Syedna Saheb v. State of
Bombay[10]. During the discussion of the secular nature of the Indian
Constitution, Ld. J Ayyangar of the Hon'ble Supreme Court clarified that
Articles 25 and 26 of the Indian Constitution incorporate the traditional
understanding of secularism, which includes the idea of religious toleration.
Again, in the case of the
Keshwananda Bharti v. The State of Kerala[11], the
Court held that Secularism is the basic structure of the Constitution.
Highlighting the nature of the Constitution J Sikri ruled that Constitution is
Secular in its character.
The Essence Of Secularism In Indian Constitution
The concept of secularism as embodied in the constitution of India is neither
anti-religious nor irreligious. The state neither practices any religion nor
does it decry any religion. It respects all religion and faith, but it keeps
religion and politics separate[12]. When it comes to providing benefits to
residents of all faiths and creeds, the state is impartial and
nondiscriminatory. It emphasizes reason, integration, and peace within the
political community in place of religion, caste, community, culture, creed,
language, or regional differences that arouse emotions.
- Article 14 grants equality before the law and equal protection of the laws to all.
- Article 15 enlarges the concept of secularism to the widest possible extent by prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16 (1) guarantees equality of opportunity to all citizens in matters of public employment and reiterates that there would be no discrimination on the basis of religion, race, caste, sex, descent, place of birth and residence.
- Article 25 provides 'Freedom of Conscience', that is, all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion.
- Article 26, every religious group or individual has the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.
- Article 27, the state shall not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
- Article 28 allows educational institutions maintained by different religious groups to impart religious instruction.
- Article 29 and Article 30 provides cultural and educational rights to the minorities.
- Article 51A, states Fundamental Duties obliges all the citizens to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.
The Indian Constitution takes into consideration that all religions, including
atheism, are treated equally under the law and that no religion defines the
state. Promoting harmony between individuals of many religious beliefs while
upholding the principle of equitable treatment for everyone is the
constitutional responsibility of both the state and its citizens. The
constitution provides freedom of conscience, freedom to profess, practice, and
propagate religion, as well as freedom to create religious institutions and to
govern and administer their affairs. It also ensures equality and equal
protection under the law.
Every Indian has the right to equal access to
political and economic opportunities in the State, even while their freedom to
practice, profess, and propagate their religion is subject to restrictions for
grounds of public order, morality and health. All citizens are entitled to the
same fundamental rights and are subject to the same fundamental duties and
obligations, regardless of their faith. Thus, the tenets of Indian secularism
include equality, freedom for all, and mutual respect for one another's faith.
The Scope Of Interpretation Of 'Secularism'
The Doctrine of Essential Practices:
The Hon'ble Supreme Court established the Doctrine of essentiality as a body of
jurisprudence, or a legal principle, through a number of court precedents. The
rituals and customs that are significant and required for a given religion and
that adherents to it must follow are known as essential religious practices.
The
doctrine was formulated by the 7-judge bench of the Supreme Court in the case of
the
Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Thirtha
Swamiyar of Shri Shirur Mutt[13], famously known as the Shri Shirur Mutt Case,
1954. It was decided that rituals essential to a specific religion shall be
included within the term "religion." The Constitution's Article 25(2) grants the
state the authority to enact laws governing the political, economic, and other
aspects of religiously-related activity.
Nonetheless, the courts were given the
authority to decide what falls under the purview of essential religious rituals.
It would not have been sufficient to just mention the two separate domains of
law and religion in light of India's diversified democratic framework, which has
flourished on the solid foundation of both laws and rights. It is also true
that, despite their obvious differences, law and religion serve as the
foundation for societal demands.
Therefore, in creating and granting protection
to such ideas that are important to the existence of the religion, the Apex
Court and the High Courts have established some guidelines that can be used as a
standard. The writers conduct a thorough study in the parts that follow to
determine how important religious practices are treated by both personal and
constitutional law.
"Freedom of conscience and right to freely practice, profess, and propagate
religion subject to public order, morality, and health"[14] are guaranteed by
the Constitution. The word "person" was used to express the framers' deliberate
attempt to grant religious freedom to every person, regardless of whether or not
they were citizens of the nation. Furthermore, the Constitution aimed to strike
a balance between the rights to practice one's religion and the advancement of
society, which was expressed in the requirements of appropriate constraints
indicated in each of these rights.
But considering the vast number of beliefs
found in all religions, granting legal protection to any belief-even one that
had nothing to do with a particular religion-would have resulted in an almost
daily barrage of religious claims from every community in the courts. Thus, only
those religious practices that come under the wide category of fundamental
religious practices were granted protection under Articles 25�28. The
responsibility of determining the nature of the practice in question has now
fallen on the courts.
Thus, "it is for the Court to ascertain whether a practice
forms an essential part of the religion", the Honorable Supreme Court of India
has said. The Supreme Court considers these issues in the context of that
particular religion's beliefs when they come up for consideration. The following
are the main criteria that have been taken into consideration when determining
whether a practice is necessary, even if they have not been explicitly
established by the courts.
- Test of Scriptures
Scriptures, sometimes called the holy or sacred text, are works of literature
pertaining to a specific religion. The scriptures of the majority of faiths not
only help individuals develop a religious identity and sense of spirituality,
but they also lay out the key ideas that lead a particular religion's adherents.
In order to demonstrate impartiality and deference to both religion and the law,
courts frequently consider religious texts and doctrine when determining the
necessity of a particular activity. Thus, evaluating religious behaviors via the
prism of scriptural evidence is crucial to determining which practices are
fundamental. As a result, it is now standard procedure for courts to decide
these types of cases based on the evidence presented or in front of the Court of
Law.
Hon'ble Mr. Justice Kurian Joseph's position in the historic Shayara Bano vs.
Union of India[15] addressed this issue by confirming and making it clear that
relying just on the knowledge of individuals claiming to be the "keepers of
religion" was insufficient in matters pertaining to religion. Therefore, it is
required by the constitution that these ideas be given serious consideration
after being thoroughly examined and not just based on community assertions.
Therefore, whether a behavior is mentioned explicitly or implicitly in religious
scriptures and doctrines is one of the crucial aspects that must be taken into
account when determining which acts are necessary.
- Test of fundamental change in religion
There is a specific "body of doctrines and beliefs that are regarded by those
who profess religion as being conducive to their spiritual well-being" inside
every religion. From the perspective of such a religion, certain of these tenets
and beliefs are essential. Therefore, from the perspective of the religion,
essentiality is merely one of the factors that must be considered when
determining if a religious practice is essential. Consequently, the importance
can be assessed by comprehending how each of these activities has affected the
essence of the religion. Therefore, it will be seen as an integral or important
component of the religion if its removal has a direct impact on the religion's
core principles.
- Test of genuineness of beliefs
Courts have also placed emphasis on evaluating the importance of religious
rituals and what their adherents connect with them on a number of instances.
"Whether the claimed belief is 'genuinely' and 'conscientiously' held to be a
part of the profession or practice of any particular religion" is the key
question, according to Justice Mukherjea, rather than whether a particular
religious belief or practice appeals to our reason or sentiment.
If it can be
determined that the professed belief has been sincerely and diligently preached
by the adherents of the faith, then the practice can be considered an integral
aspect of the faith. Therefore, the Supreme Court determined that these
activities were fundamental to their religion when determining whether or not
these professed views were true. Therefore, when determining the integrality and
essentiality of such ideas, the test of sincerity should also be taken into
consideration.
- Test of nature of practice
In assessing whether a practice is necessary, it is also critical to evaluate
its character in order to classify the activity as requirements or preferences.
In Acharya Jagdishwaranand Avadhuta and Ors. v. Commissioner of Police[16], for
instance, the Supreme Court ruled that the petitioners' religion did require
them to perform the "Tandava Dance" in public, hence the dance was an integral
or essential part of their faith, and declared that the Ananda Margis have a
right to perform 'tandava'.
In the case of Church of God (full gospel) in India v. KKR Majestic Colony
Welfare Association[17], it was held that:
"No religion prescribes that prayers
should be performed by disturbing the peace of others nor does it preach that
they should be through voice-amplifiers or beating of drums. In any case if
there is such practice, it should not adversely affect the rights of others
including that of being not disturbed in their activities. And hence, usage of
loudspeakers in the nature of practice cannot be considered an essential
practice.
It is also to be noted that in the case of Acharya Jagdishwaranand Avadhuta and
Ors. v. Commissioner of Police[18], the court held that the question of 'Whether
absence of any such practices does any harm or alters the religion?' is primary
essential in deciding if a particular practice is essential or not.
The Principle of Anti-exclusion:
The anti-exclusion principle proposes that principles of freedom of religion
will not protect a practice if that practice impairs the dignity of an
individual or hampers an individual's access to a basic good[19]. The
anti-exclusion principle states that in order to protect religious groups'
integrity, the State and the Court must consider the internal viewpoint of
followers when determining the form and content of religious practices, unless
those practices result in an individual's exclusion from economic, social, or
cultural life in a way that diminishes their dignity or makes it more difficult
for them to obtain necessities of life.
The Supreme Leader of the Dawoodi Bohra community, the Dai-ul-Mutlaq, challenged
the Bombay Prevention of Excommunication Act, 1949 in Sardar Syedna Taher
Saifuddin vs. The State of Bombay[20]. It was against the law for religious
communities to kick someone out of their group. In addition to acting as a
trustee for the community's assets, the petitioner asserted that he had the
authority to banish any member of the group from the denomination. He thought
that the Dawoodi Bohras' collective right to religious freedom depended on this
authority.
The law was ruled unlawful by the court, with Chief Justice of India B.P. Sinha dissenting. It maintained that the Dai's authority to ban people from
the group was so fundamental to their faith that laws aimed at social welfare
could not be permitted to eradicate a religion. By referencing CJI Sinha's
dissenting opinion in the Saifuddin case and situating it within the Indian
Constitution's comprehensive transformative character, the anti-exclusion
principle serves as a substitute for the "essential practices test."
This
approach will obviously not apply to the first group of circumstances involving
State control over property owned by religious institutions, which will still be
subject to the constitutional text's religious/secular dichotomy. Nonetheless,
it will be applicable in situations where disputes arise within religious
communities and where constitutional protection for religious customs or
practices is desired.
There was a clear conflict between two asserted rights in situations such as the
ones involving the entrance to the Haji Ali[21] and Sabarimala shrines[22]:
women's constitutional right to worship under Article 25(1) and the religious
denomination's right to run its own business under Article 26(b).
Under such
circumstances, the stronger individual right under Article 25(1) will supersede
the denomination's claim, which is based on the exclusion and treatment of women
as second-class members of the community. Applying the same, the section 3(b) of Kerala Hindu Places of worship (Administration of Entry) Rules, 1965 was held
void[23].
Important Judicial Pronouncements:
In
S.R.Bommai vs Union of India[24], it was held that, "Secularism is one of the
basic features of the Constitution. While freedom of religion is guaranteed to
all persons in India, from the point of view of the State, the religion, faith,
or belief of a person is immaterial. To the State, all are equal and are
entitled to be treated equally. In matters of State, religion has no place.
No
political party can simultaneously be a religious party. Politics and religion
cannot be mixed. Any State Government which pursues unsecular policies or
unsecular course of action acts contrary to the constitutional mandate and
renders itself amenable to action under Article 356".
In
Aruna Roy v. Union of Indian Constitution[25] contemplates that the atheist
is equally tied by any religion but every religious faith including an atheist
is equally treated under the laws. It is a constitutional duty of the State and
its citizens to foster harmony amongst the people of different faiths with the
foresight of treating all persons India' the Supreme Court held 'secularism has
a positive meaning, that is, developing, understanding and respect towards
different religions.
In
M. Nagraj v. Union of India[26] the Constitution Bench further said,
"Secularism" is the principle which is the overarching principle of several
rights and values under the Indian Constitution. Axioms like secularism,
democracy, reasonableness; social justice, etc. are overarching principles,
which provide linking factor for principle of fundamental rights like Articles
14, 19 and 21. These principles are beyond the amending power of Parliament.
They pervade all enacted laws, and they stand at the principle of the hierarchy
of constitutional values.
Bijoe Emmanuel v. State of Kerala[27], it was held that "Article 25 is an
article of faith in the Constitution., incorporated in recognition of the
principle that the real test of democracy is the ability of even an
insignificant minority to find its identity under the country's Constitution.
This has to be borne in mind in interpreting Article 25".
Conclusion
Scientific approaches to secularism and the promotion of social justice and
equality in the material world require deliberate and planned efforts. It is
undeniable that the Constitution guarantees the right to freedom of religion. We
need to be aware of the circumstances in which someone's right to practice their
faith is denied. The vast majority of people in India are religious. Many people
think that there is humanitarian instruction in every scripture.
We should
ascertain whether all religions are autonomous, tolerant, and able to include
the complimentary elements of modernity into the educational curriculum. By
doing this, everyone can respect various religions, and the freedom of faith can
be consciously upheld. Individuals can acknowledge or reject religion. This will
not bring about religious harmony or prevent isolation, alienation, or
polarization.
The viewpoint of science is a crucial component of secularism.
This relates to both the fundamental obligations of individuals and the premise
of your directive. Politics and religion must be distinct from one another, and
secularism really means removing religion from public life, if that is indeed
the case.
There isn't an official state religion. The majority of Indians feel
that faith and altruistic teaching form the foundation of the scriptures. All
the principles of the religious texts incorporated into the school curriculum
will become supportive when a secular culture is established. The governmental
system supports all religions equally, does not discriminate between them, and
may strategically enforce social benefits for all religions.
Reference
- Textbook on Interpretation of Statutes, Dr. A.B. Kafaltiya, 2nd edition, Universal, LexisNexis Publication.
- Interpretation of Statutes and Legislative Principles, Nayana A. Zope published on 1 January 2017, KSK Publishers and distributors.
- Vepa P. Sarathi's Interpretation of Statutes, Dama Seshadri Naidu, 5th edition, 2010, Reprinted 2022, Eastern Book Company
- The Constitution of India, P M Bakshi, 18th Edition, Universal, LexisNexis
- Concept of Secularism under Indian Constitution, Sara Elias, 2019 JETIR March 2019, Volume 6, Issue 3, www.jetir.org (ISSN-2349-5162)
- Secularism and Religious Freedom in India: An Overview, Anas Jameel, International Journal of Creative Research Thoughts, 2021 IJCRT | Volume 9, Issue 3 March 2021 | ISSN: 2320-2882
- https://www.livemint.com/news/india/how-courts-decide-on-matters-of-religion-1551715822881.html
- https://indianexpress-com.translate.goog/article/research/anant-kumar-hegde-secularism-constitution-india-bjp-jawaharlal-nehru-indira-gandhi
End-Notes:
- What is Political Theory and Why do we Need it? By Rajeev Bhargava
- AIR 1974 SC 1389
- Basu, A.M., et al. (2007) Religious Differentials in Child Survival in India: Some Unexpected Findings. Annual Meeting of the Population Association of America, New York, 30 March 2007. https://paa2007.princeton.edu/docs/PAA2007PreliminaryProgram.pdf
- Rajeev Dhavan, "Religious Freedom in India," The American Journal of Comparative Law 35, no. 1 (February 17, 1987): 209�54, https://doi.org/10.2307/840167
- Deepa Das Acevedo, "Secularism in the Indian Context," Law & Social Inquiry 38, no. 1 (2013): 138�67, http://www.jstor.org/stable/23357741
- Sen, Articles of Faith: Religion, Secularism, and the Indian Supreme Court, 21
- Secularism: Why Indira ditched Nehru and inserted the S-word in the Constitution, Indian Express Journal of Courage, Written by Adrija Roychowdhury Atrija Roychowdhury, New Delhi, December 27, 2017. Available at: https://indianexpress-com.translate.goog/article/research/anant-kumar-hegde-secularism-constitution-india-bjp-jawaharlal-nehru-indira-gandhi-5001085/?_x_tr_sl=en&_x_tr_tl=ta&_x_tr_hl=ta&_x_tr_pto=tc
- ibid
- O. Khalidi, "Hinduising India: Secularism in practice," Third World Q., 2008, doi: 10.1080/01436590802528614.
- 1962 AIR 853, 1962 SCR SUPL
- (1973) 4 SCC 225; AIR 1973 SC 1461
- Ramesh Yashwant Prabhu v. Prabhakar Kashinath Kunde, (1996) 1 SCC 130: AIR 1996 SC 1113: JT 1995 (8) SC 609: 1995 (7) SCALE 1: (1995) Supp 6 SCR 371
- 1954 AIR 282, 1954 SCR 1005
- Article 25(1) of Constitution of India
- (2017) 9 scc 1
- 984 AIR 512 1984 SCR (1) 447 1983 SCC (4) 522 1983 SCALE (2)565
- AIR 2000 SC 2773: (2000) 7 SCC 282: 2000 SCC (Cri) 1350
- 984 AIR 512 1984 SCR (1) 447 1983 SCC (4) 522 1983 SCALE (2)565
- A Common Denominator: The Role of the Anti-Exclusion Principle in Freedom of Religion Cases, Lucy Vickers, Professor of Law, Oxford Brookes University
- 1962 AIR 853, 1962 SCR SUPL. (2) 496
- Noorjehan Safia Niaz and Anr. v. State of Maharashtra and Ors. AIR 2017 (NOC) 45 (BOM.), 2016 (5) ABR 660 (2017) 7 ALLMR 408 (BOM)
- Indian Young Lawyers Association v. The State Of Kerala, AIRONLINE 2018 SC 243
- ibid
- [1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1
- AIR 2002 SC 3176
- (2006) 8 SCC 212
- 1987 AIR 748
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