Context:
The Supreme Court of India recently reaffirmed that secularism is a fundamental principle and an inseparable part of the basic structure of the Constitution of India. This reiteration came during a case involving the participation of Kannada writer and International Booker Prize-winner Banu Mushtaq, a Muslim, in the inauguration of the Mysuru Dasara festival at the Chamundeshwari Temple.
Secularism in India
Secularism is the principle that the state treats all religions equally, neither favoring nor discriminating against any religion. It ensures freedom of religion for individuals while maintaining a separation between religion and government.
Key Features of Indian Secularism:
- Equal Treatment of All Religions: The government cannot give preferential treatment to any religion.
- Freedom of Religion: Citizens have the right to practice, profess, and propagate any religion under Articles 25–28 of the Constitution.
- State Neutrality: The state remains neutral in religious matters but can regulate practices to maintain public order, morality, and health.
- Protection of Minority Rights: Secularism also involves safeguarding the rights of religious minorities.
Basic Structure of the Constitution
The basic structure doctrine, established by the Supreme Court in the Kesavananda Bharati case (1973), states that certain fundamental features of the Constitution cannot be amended or destroyed by Parliament.
Key Features Included in the Basic Structure:
- Supremacy of the Constitution
- Rule of Law
- Separation of Powers
- Fundamental Rights
- Judicial Review
- Democracy
- Secularism
Basic Structure and the Constitution
- The Basic Structure is not explicitly mentioned anywhere in the Indian Constitution.
- It is a judicial doctrine developed by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973).
- It represents the essential features of the Constitution that cannot be amended or destroyed, even by Parliament under Article 368.
