Secularism in India: Meaning, History, Constitution Provisions

Updated on September 23, 2026Author:NEXT IAS Contributors

Secularism (धर्मनिरपेक्षता) in India comprises a positive model of equal respect of all religions (सर्वधर्म समभाव) whereas the western secularism has a separation of church and state. The word ‘secular’ became a part of the Indian constitution by the 42nd constitutional amendment act of 1976. Indian secularism means an equal treatment of all faiths. The Supreme Court in S R Bommai vs Union of India, 1994 affirmed secularism as part of the ‘basic structure’ of the Indian constitution. It means that even the parliament cannot remove or alter it.

Secularism Meaning

Secularism is the principle of separating religion from state. It ensures that the government does not establish and favour any religion and protect the religious freedom of all people of the country.

Secularism means that the state should treat all religions equally. It does not impose any particular faith on people. It safeguards the freedom of an individual to practice, profess, or even remain neutral towards any religion. India allows the state to regulate religious practices whenever need arises and uphold equality, dignity, public order and social reform.

History

In ancient India, Ashoka about 2200 years ago and Harsha about 1400 years ago have patronized different religions. The historical people in India had freedom of religion and the state granted citizenship to the people irrespective of their religion (hinduism, buddhism, jainism or other). For example, the elora caves built between 5th and 10th centuries reflect a coexistence of religion and acceptance of inter-faith.

The secularism in India emerged from the freedom struggle and plural society. The word ‘secular’ was not included in the preamble at the time of enforcement of the constitution on 26th January 1950. However, articles 15, 16, 25 to 30, and other provisions of the Indian constitution guaranteed equality, religious freedom and minority rights.

The 42nd constitutional amendment act of 1976 inserted the term ‘secular’ in the preamble. India is now regarded as a ‘Sovereign Socialist Secular Democratic Republic’. In the S.R. Bommai vs Union of India (1994), the Supreme Court held secularism as a part of the basic structure of the constitution.

Secularism in the Constitution of India

S.No.	Provision	Protection related to Secularism
1	Preamble	It mentioned India as a ‘Sovereign Socialist Secular Democratic Republic’ The word ‘secular’ was added by the 42nd Amendment Act, 1976.
2	Article 14	It guarantees equality before law and equal protection of laws to all persons.
3	Article 15	It prohibits the state from discriminating against citizens on grounds including religion.
4	Article 16	It ensures equality of opportunity in public employment and bars discrimination on grounds including religion.
5	Article 25	It guarantees freedom of conscience and the right to profess, practice and propagate religion. However, it is subject to public order, morality, health and other fundamental rights.
6	Article 26	It gives every religious denomination the right to manage religious affairs and establish institutions, subject to public order, morality and health.
7	Article 27	It prohibits compelling any person to pay taxes specifically used to promote or maintain a particular religion or denomination.
8	Article 28	It prohibits religious instruction in wholly state-funded educational institutions including limited institutional exceptions.
9	Articles 29 to 30	It protects the cultural and educational rights of minorities including the right to establish and administer educational institutions.
10	Article 44	It directs the state to endeavour to secure a Uniform Civil Code for citizens.
11	Article 51A(e)	It makes it a fundamental duty to promote harmony and common brotherhood, transcending religious and other diversities.
12	Article 325	It provides for one general electoral roll and prohibits exclusion from electoral rolls on grounds including religion.

Subsidy on Religious Pilgrimage by Government

In the past, many people have argued that the subsidy given by the state or government for religious pilgrimage (Haj) affects the secularism of India. The Haj subsidy used to be given in the form of reduced airfare for eligible individuals or pilgrims.
In 2012, the Supreme Court directed the government to progressively remove the subsidy within the next 10 years. The government removed the haj subsidy in January 2018.
On the contrary, the indian muslim leaders supported this removal because haj must be performed out of the self-earned money by a muslim. The money which comes from borrowings or charity should be avoided in the pilgrimage.

Comparison of India and Western Secularism

S.No.	Basis	Indian secularism	Western secularism (general model)
1	Core approach	It includes equal respect for all religions along with state engagement based on context.	It often emphasises the institutional separation between state and church.
2	State and religion relationship	It does not have a strict wall of separation. However, the state may intervene to uphold equality, reform practices or ensure welfare.	Here, religion is generally kept separate from formal state institutions.
3	Conceptual framework	It is commonly explained as ‘principled distance’.	It is generally explained as separation of church and state.
4	Religious diversity	It is designed for a multi-faith society with several personal-law traditions and protected minorities.	It is largely developed in response to dominant church and state relationships in Europe and North America.
5	State support and regulation	It may regulate secular aspects of religious institutions or support activities on constitutional grounds and interest of the majority public.	The state funding or regulation of religion is more limited. Although practices may differ broadly by country.
6	Main objective	It includes religious liberty, equality, minority protection, social reform and inter-faith harmony.	It includes institutional neutrality, individual liberty and prevention of religious control over the state.

Shah Bano Case

The supreme court in the Shah Bano case on 23rd April 1985 ruled that a divorced muslim woman unable to maintain herself can claim the maintenance under section 125 of CrPC.
The court also supported her claim beyond the ‘iddat’ period and discussed the clear objective of Uniform Civil Code (UCC). The parliament of India subsequently enacted the Muslim Women(Protection of rights on divorce) act of 1986.

Uniform Civil Code in Goa

The only state in India which has a Uniform Civil Code is Goa and is often referred to as the Goa Civil Code or Goa Family Law. This means that there are common rules of marriages, divorce, and succession of private properties among all religious groups.
For example, any muslim community marriage in Goa cannot practice polygamy or triple talaq. There is also a common rule that the sharing of property is equally divided between husband and wife.
However, the UCC does not completely apply to certain communities and thus there are a few exceptions among some of the religious groups. But still Goa forms the best example among all the Indian states for the application of a broader Uniform Civil Code.