The Inclusion of Secular in the Indian Constitution: Debunking Myths and Clarifying Facts

Introduction

India, as a diverse and pluralistic nation, prides itself on its constitution, which guarantees the fundamental rights of its citizens. The term 'secular' has been a contentious issue, often misunderstood and subject to various interpretations. This article aims to clarify the inclusion of the word 'secular' in the Indian Constitution and the events that led to its addition. We will also explore why there is no state religion in India and the factors that influenced this decision.

Secularism as a Recognized Ideal in India

The term 'secular' provides a guarantee that citizens can follow any religion they choose without state intervention or restriction. India does not have a state religion, which aligns with the ideal of secularism. This principle is supported by various constitutional provisions such as Article 25, which guarantees freedom of religion, and Article 26, which protects the right of every religious community to manage its own affairs in matters of religious faith and practices.

Amy Key Figures and Events

Jawahar Lal Nehru and the Debate

Jawahar Lal Nehru, the first Prime Minister of India, is often credited with introducing the word 'secular' to India. This claim, however, is not entirely accurate. According to historical records, the word 'secular' was proposed by Indira Nehru (later Indira Gandhi) in the 1970s. Nevertheless, it was not successfully added to the Preamble until the 42nd Constitutional Amendment in 1976.

It is important to note that Indira Nehru's father, Jawahar Lal Nehru, was not named Ghiassuddin Ghazi as some sources suggest. Jawahar Lal Nehru was his actual father, as is widely acknowledged.

The 42nd Constitutional Amendment

The term "secular" was officially added to the Preamble of the Constitution of India through the 42nd Constitutional Amendment in 1978. This amendment, known as the "Mini Constitution," brought about significant changes to the Indian Constitution. The amendment was made during the tenure of Prime Minister Indira Gandhi, who used it to consolidate her power amidst political turmoil.

According to Article 368 of the Indian Constitution, Parliament acts as the constitution-amending body and can make changes through the procedure laid down in this article. The addition of the word 'secular' was in response to various socio-political pressures at the time but was not strictly necessary from a legal standpoint given the existing provisions that secure religious freedom.

Challenges and Controversies

Despite the inclusion of 'secular' in the Preamble, the concept of secularism in India has faced several challenges and controversies. The term 'secular' does not mean a rejection of religion or a distinction between religion and state affairs. Instead, it emphasizes the state's neutrality towards all religions, ensuring that no single religion is given special status.

India's constitution already contains numerous provisions that protect religious freedom and equality. Articles 25 and 26, for example, ensure that every citizen has the right to follow their religion or belief, and this freedom is respected by the state.

American Constitutional Contrast

It is often instructive to compare the constitutional frameworks of different countries. The United States Constitution, for example, begins with the Preamble, which states:

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

While the Indian Constitution explicitly includes the term 'secular,' the U.S. Constitution implicitly upholds the principle of religious freedom and neutrality through the First Amendment, which guarantees the separation of church and state and the freedom of religion.

Conclusion

The inclusion of the term 'secular' in the Preamble of the Indian Constitution was a significant event that reflected the socio-political realities of the 1970s. While not strictly necessary from a legal standpoint, it remains a symbol of India's commitment to religious diversity and neutrality. The principles of secularism are already well-entrenched in the Indian Constitution, and the addition of the term 'secular' in the Preamble serves as a reminder of the nation's values and commitments.