Secular State
Indian Polity › Salient Features of the Constitution · Topic 3.10
The Indian Constitution stands for a secular State that upholds no official religion. The word secular was added to the Preamble by the 42nd Amendment in 1976. India follows the positive concept of secularism, giving equal respect to all religions.
6 min read · UPSC Prelims · Polity · Salient Features
At a Glance
- What it is The Constitution stands for a secular State: it does not uphold any particular religion as the official religion of the Indian State
- Preamble The word “secular” was added by the 42nd Constitutional Amendment Act, 1976
- Concept followed The positive concept: equal respect for all religions, or protecting all religions equally
- Key provisions Articles 14, 15, 16, 25 to 30 and 44
- Communal representation Abolished; only temporary reservation for SCs and STs
- Exam link UPSC Prelims, Polity: Salient Features
Where Does It Fit?
An earlier topic explained the Preamble terms, including secular. This topic treats secularism as a salient feature of the Constitution and lists the provisions that reveal the secular character of the State.
What Does a Secular State Mean in India?
The Constitution of India stands for a secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State. The word “secular” was added to the Preamble by the 42nd Constitutional Amendment Act of 1976. Even before that, the Supreme Court said in 1974 that although the words “secular state” were not expressly mentioned in the Constitution, there could be no doubt that the Constitution-makers wanted to establish such a state, and that Articles 25 to 28 were included for that purpose.
The Western concept of secularism connotes a complete separation between religion (the church) and the State (politics). This negative concept of secularism is inapplicable in the Indian situation, where the society is multireligious. Hence the Indian Constitution embodies the positive concept of secularism, that is, giving equal respect to all religions or protecting all religions equally.
| Western concept | Indian concept | |
|---|---|---|
| Meaning | Complete separation between religion and the State | Equal respect to all religions, or protecting all religions equally |
| Description | Negative | Positive |
| Suitable for | Inapplicable in the Indian multireligious society | Embodied in the Indian Constitution |
The Union Law Minister H.R. Gokhale described the idea as freedom and liberty of faith and worship, with the State not having anything to do, as a State, with any religion except to treat every religion equally. P.B. Gajendragadkar, a former Chief Justice of India, said that the State does not owe loyalty to any particular religion; it is not irreligious or anti-religious, and it gives equal freedom to all religions.
Which Provisions Reveal the Secular Character?
- The term “secular” was added to the Preamble by the 42nd Amendment Act of 1976.
- The Preamble secures to all citizens liberty of belief, faith and worship.
- Article 14: equality before the law or the equal protection of the laws.
- Article 15: no discrimination against any citizen on the ground of religion.
- Article 16: equality of opportunity for all citizens in matters of public employment.
- Article 25: all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate any religion.
- Article 26: every religious denomination or any of its sections has the right to manage its religious affairs.
- Article 27: no person can be compelled to pay any taxes for the promotion of a particular religion.
- Article 28: no religious instruction is to be provided in any educational institution maintained by the State.
- Article 29: any section of the citizens has the right to conserve its distinct language, script or culture.
- Article 30: all minorities have the right to establish and administer educational institutions of their choice.
- Article 44: the State shall endeavour to secure for all citizens a Uniform Civil Code.
What Happened to Communal Representation?
The Constitution has abolished the old system of communal representation, that is, reservation of seats in the legislatures on the basis of religion. The Acts of 1909, 1919 and 1935 had provided for communal representation. However, the Constitution provides for the temporary reservation of seats for the Scheduled Castes and Scheduled Tribes, to ensure adequate representation to them.
Is Secularism a Basic Feature?
The Supreme Court has listed the secular character of the Constitution as an element of the basic structure. It was named in the Kesavananda Bharati case (1973), again in the Indira Nehru Gandhi case (1975) as secularism and freedom of conscience and religion, and in the S.R. Bommai case (1994).
Why Is This Topic Important?
- Direct Prelims material: The articles that reveal the secular character, the positive concept and the 42nd Amendment can be asked directly.
- Link with other features: Secularism connects the Preamble, the Fundamental Rights and the basic structure.
What Came Next?
The next topics take up universal adult franchise and single citizenship.
Key People and Terms
- Positive secularism Equal respect to all religions
- Communal representation Reservation of seats on the basis of religion; abolished
- H.R. Gokhale Union Law Minister who explained the concept
- P.B. Gajendragadkar Former Chief Justice; State is neither irreligious nor anti-religious
- Articles 25 to 28 Freedom of religion
Exam Corner
Points to Remember
- “Secular” added to the Preamble in 1976 by the 42nd Amendment.
- The Indian concept is positive; the Western concept is a complete separation of religion and State.
- Article 25: freedom of conscience; 26: managing religious affairs; 27: no tax for a religion; 28: no religious instruction in State institutions.
- Articles 29 and 30: cultural and educational rights of minorities.
- Article 44: Uniform Civil Code.
- Communal representation was provided by the Acts of 1909, 1919 and 1935 and abolished by the Constitution.
Do Not Confuse With
- Western and Indian secularism: Complete separation in the Western concept; equal respect for all religions in India.
- Article 25 and Article 26: The first is for individuals; the second is for religious denominations.
- Article 28 and Article 30: The first bars religious instruction in State-maintained institutions; the second allows minorities to establish institutions of their choice.
Memory Hook
Not irreligious, not anti-religious: equal respect for all faiths. Secular since the Preamble of 1976, and in Articles 25 to 28 from the start.
Mains Angle
Questions ask how Indian secularism differs from the Western concept. Use these points to add depth.
- Positive, not negative: A multireligious society needs equal respect for all religions, not a complete separation.
- Present before the word: The Supreme Court said in 1974 that the framers wanted a secular State, and Articles 25 to 28 were included for that purpose.
- Representation: Communal representation was abolished, with a temporary reservation for SCs and STs.
- Uniform Civil Code: Article 44 directs the State to endeavour to secure a Uniform Civil Code.
- Protected by the basic structure: The secular character is a basic-structure element.
A Question You May Face
An original practice question, not a past paper question.
“The Indian State is secular but not irreligious.” Explain with reference to the constitutional provisions.
How to Answer
- Introduction: The Constitution stands for a secular State; the word was added in 1976.
- Concept: positive secularism against the Western concept.
- Provisions: Articles 14, 15, 16, 25 to 30, 44; abolition of communal representation.
- Conclusion: Equal respect to all religions is a basic feature.
GS Relevance
Frequently Asked Questions
What does a secular state mean in the Indian Constitution?
It means the State does not uphold any particular religion as the official religion. The Constitution embodies the positive concept of secularism, giving equal respect to all religions or protecting all religions equally, instead of a complete separation between religion and the State.
When was the word secular added to the Preamble?
The word secular was added to the Preamble by the 42nd Constitutional Amendment Act of 1976. The Supreme Court had said in 1974 that, although the words were not expressly mentioned, the Constitution-makers wanted to establish a secular State and so included Articles 25 to 28.
How is Indian secularism different from the Western concept?
The Western concept connotes a complete separation between religion and the State, which is a negative concept and inapplicable in a multireligious society like India. The Indian Constitution embodies the positive concept of giving equal respect to all religions.
Which Articles reveal the secular character of the State?
They include Articles 14, 15 and 16 on equality and non-discrimination, Articles 25 to 28 on freedom of religion, Articles 29 and 30 on minority rights, and Article 44 on a Uniform Civil Code, along with the Preamble securing liberty of belief, faith and worship.
What does Article 28 say about religious instruction?
Article 28 provides that no religious instruction shall be provided in any educational institution maintained by the State. It is one of the provisions, along with Articles 25 to 27, that reveal the secular character of the Indian State.
Was communal representation continued in the Constitution?
No. The Constitution abolished the old system of communal representation, which means reservation of seats in the legislatures on the basis of religion, as provided in the Acts of 1909, 1919 and 1935. It provides only for temporary reservation of seats for the SCs and STs.
Is secularism a basic feature of the Constitution?
Yes. The Supreme Court has listed the secular character of the Constitution among the elements of the basic structure, in the Kesavananda Bharati case of 1973, the Indira Nehru Gandhi case of 1975 and the S.R. Bommai case of 1994.
What did Gajendragadkar say about secularism?
P.B. Gajendragadkar, a former Chief Justice of India, said that in the Indian Constitution the State does not owe loyalty to any particular religion as such: it is not irreligious or anti-religious, and it gives equal freedom to all religions.
PYQ Practice — Statement Analysis
1 The word secular was added to the Preamble by the 42nd Constitutional Amendment Act, 1976.
The Supreme Court had said in 1974 that the Constitution-makers wanted to establish a secular State.
2 The Indian Constitution embodies the Western concept of a complete separation between religion and State.
It embodies the positive concept of giving equal respect to all religions or protecting all religions equally.
3 Article 28 prohibits religious instruction in educational institutions maintained by the State.
Article 27 prohibits compulsion to pay taxes for the promotion of a particular religion.
4 The Constitution continued communal representation in the legislatures.
It abolished communal representation but provides temporary reservation of seats for SCs and STs.
5 Article 44 directs the State to secure a Uniform Civil Code for all citizens.
It is among the provisions listed as revealing the secular character of the State.
Related Topics
Browse the full Indian Polity index