Q.10 Discuss India as a secular state and compare it with the secular principles of the US Constitution. GS-II: POLITY (UPSC CSE 2024)

Answer.

APPROACH AND STRUCTURE

INTRODUCTION:

    • Define secularism and its importance in modern democracies.
    • Briefly mention the different approaches to secularism in India and the US

BODY

    • Constitutional provisions.
    • Nature of Indian Secularism.
    • Comparison between Indian and US Secularism (Table comparing various aspects).
    • Key differences.
    • Recent Developments and Challenges.

 

CONCLUSION:

    • Summarize the main differences between Indian and US approaches

INTRODUCTION:

Secularism is a fundamental principle in modern democracies. It ensures that the state remains neutral in matters of religion and allows for the coexistence of diverse beliefs without state interference. India and the United States embrace secularism with different approaches and constitutional frameworks. India’s secularism is characterized by equal respect for all religions and state neutrality rather than a strict separation of religion and state.

BODY:

Constitutional Provisions:

The Indian Constitution explicitly mentions secularism in its Preamble, added by the 42nd Amendment Act in 19761. Key constitutional articles that uphold secularism include:

    • Articles 25-28: Guarantee freedom of religion and protect religious practices.
    • Article 27: Prohibits taxation for promoting any religion.
    • Article 28: Prohibits religious instruction in state-funded educational institutions.

Nature of Indian Secularism:

Unlike Western models, Indian secularism allows for:

    • State intervention in religious matters for social reform (e.g., abolition of untouchability).
    • Financial support for religious schools and infrastructure.
    • Recognition of religious diversity in state policies (e.g., personal laws for different communities).

COMPARISON WITH US SECULAR PRINCIPLES:

ASPECTS INDIA USA
Constitutional Basis Explicitly mentioned in the Preamble and Constitution Implied through the First Amendment, not explicitly stated
Definition Equal treatment of all religions by the state Strict separation of church and state
Freedom of Religion Articles 25-28 provide freedom of religion The First Amendment guarantees freedom of religion
Role of Religion in State Allows some overlap between religion and state Clear  separation:  government institutions cannot endorse religious activities
Judicial Interpretation Courts allow state intervention in religious practices                for social reform Courts reinforce separation of church and state (e.g., banning school prayers)

Key Differences:

    • Separation vs. Equal Respect: The US emphasizes a “wall of separation” between church and state, while India promotes equal respect for all religions. Prime Minister emphasized “equal respect for all religions” in a 2024 speech, highlighting India’s approach to accommodating religious diversity.
    • Establishment Clause: The US Constitution prohibits the establishment of a state religion, whereas India has no such explicit clause.
    • State Intervention: Indian secularism allows state intervention in religious affairs for social reform, which is not permissible under US secularism. In 2024, the Supreme Court issued guidelines on child marriage, stating that personal laws and traditions cannot prevail over the Prohibition of Child Marriage Act, demonstrating state intervention in religious practices for social reform.
    • Religious Symbols: India allows some religious symbols in public spaces, while the US maintains stricter separation. For example, many government offices display images of Hindu deities alongside portraits of national leaders.
    • Personal Laws: India recognizes religion-based personal laws, whereas the US applies uniform civil laws regardless of religion.

In 2024, the U.S. Commission on International Religious Freedom recommended that India be designated a “Country of Particular Concern” for alleged violations of religious freedom. This recommendation highlights the complex nature of India’s secular model in practice, encompassing different faiths, beliefs, and practices. It shows the inability of US federal agencies to comprehend the diversity and plurality of the Indian religious fabric.

CONCLUSION:

India’s approach allows state involvement in religious matters to promote social justice and harmony among diverse communities. In contrast, the U.S. model emphasizes a clear demarcation between religion and state to protect individual liberties and prevent government overreach.

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