The beautiful and unique diversity of India became the centre of the constitutional assembly debates wherein a country that got independence from a two century old British raj and a country that had faced the near-to-fatal blow of partition, decided to establish a nation that shall be built on equality, a nation wherein people from all communities and religions will have equal access to all the amenities and equal opportunities to pursue their dreams.

Thus secularism and the freedom of religion were incorporated under the fundamental rights of the constitution. Articles 25 to 28 of the Constitution give the right to every citizen in this country to practice and profess a religion of his or her own choice and to establish religious institutions and manage them.

Another important aspect of secularism under the Indian Constitution is that the State or government must be secular in nature which means that the three arms of the government viz., the Legislature, the Executive and the Judiciary cannot discriminate against a person solely on the basis of his or her own religion. However, this does not hinder the government or the judiciary to pass such laws or such directions so as to uplift and protect certain marginalised communities belonging to a particular religion.

This beautifully crafted feature of the Indian Constitution has been protected and nurtured by the Judiciary as well as the Legislature in this country.

The Hon'ble Supreme Court of India through its various judicial pronouncements has upheld the spirit of this principle under the Constitution. In the landmark case of Kesavananda Bharati v State of Kerala (AIR 1973 SC 1461) held that the power of amendment under the Constitution with the Parliament does not include within its ambit the Basic Structure of the Constitution and thus, the basic structure of the Constitution cannot be amended.

This principle of Basic Structure was enhanced and elaborated in the case of S.R. Bommai v. Union of India (AIR 1994 SC 1918) wherein the Supreme Court cleared the doubt over the word 'secularism' in the Constitution. The Court held that a secular nature of a society does not make it an atheist society. Rather, it makes it more heterogeneous. The law of a secular nation provides equal status to all religions and does not favour or discriminate against anyone.

In the case of The Ahmedabad St. Xaviers College Society and Anr. v. State of Gujarat and Anr. (AIR 1974 SC 1389), the apex court held that secularism neither means anti-god nor pro-god. It ensures that nobody shall be discriminated against based on religion. Hence, Secularism eliminates the concept of God in matters of the state.

The freedom to profess a religion of one's choice gives one the right to convey his religious beliefs to someone else but not to convert someone forcefully. (Rev. Stainislaus v State of Madhya Pradesh and Ors. (AIR 1977 SC 908)).

Thus, secularism is a principle embedded in the Constitution of India and cannot be altered, changed or removed.

The author is a practicing advocate at the Central Administrative Tribunal, Delhi High Court and Supreme Court of India.
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