RELIGION, RIGHTS, AND THE CONSTITUTION: THE CHANGING LANDSCAPE OF INDIAN SECULARISM

AUTHOR – AANCHAL PRASAD, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE, INDIA

BEST CITATION – AANCHAL PRASAD, RELIGION, RIGHTS, AND THE CONSTITUTION: THE CHANGING LANDSCAPE OF INDIAN SECULARISM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 836-842, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The connection between the state and religion in the Indian Constitution is a unique form of secularism, and it is not similar to a stringent separationist model that exists in other jurisdictions. Indian secularism does not in any way uphold a strict separation of religion and government, but instead runs on a principle of principled equidistance, in which the state can interact with religious institutions without jeopardizing constitutional values. In this paper, the constitutional architecture of religious freedom in Articles 25 and 26 is discussed, and the development of judicial interpretation is analyzed in this area. Specific attention is paid to the Doctrine of Essential Religious Practices (ERP) formulated by the Supreme Court on the issue of the extent to which religious activities would be provided with constitutional protection. Although the doctrine has been the focus of the judicial determination of the conflict in religious liberty and legislation, it has equally been met with extensive criticism owing to the fact that the doctrine allows the judiciary to become the determiner of theological matters. The paper also examines the broadening understanding of the meaning of public order and the increasing significance of constitutional morality in modern jurisprudence. The analysis of the recent discussions on the possible implementation of an anti-exclusion strategy, as well as the use of proportionality in the limitation of religious practices, makes the study note the issues in balancing religious freedoms, equality and dignity. It ends by proposing reforms that would both reinforce the constitutional clarity and maintain the pluralistic and secular system in India.

Keywords: Religious Freedom, Constitutional Morality, Judicial Review of Religion,Indian Secularism