“SECULARISM VIS-À-VIS FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION-A CRITICAL ANALYSIS”
AUTHOR – GARGEE R. DHANAWADE, LLM 2ND YEAR STUDENT OF DES’S SHREE NAVALMAL FIRODIA LAW COLLEGE PUNE
BEST CITATION – GARGEE R. DHANAWADE, “SECULARISM VIS-À-VIS FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION-A CRITICAL ANALYSIS”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 28-33, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
India is a pluralistic society and a country of religions. It is inhabited by people of many religion.The term ‘Secular’ was added by 42nd Constitutional Amendment Act 1976 in Preamble of Indian Constitution .However, as the Supreme Court said in 1947,although the word ‘Secular state were not expressedly mentioned in the Constitution , there can no doubt that constitution makers wanted to established such a state and accordingly Article 25 to 28 guaranteeing the Fundamental right to freedom of religion have been included in the constitution. The term ‘Secular’ mean state have no any particular religion .that is to say ,as a state has no any religion but comes out as neutral towards the concept of religion. The Constitution furthuring the idea of values enshrined in the Preamble, equally preserves and protects all religions. In case of S.R.Bomai Supreme Court held that Secularism is a part of basic structure .In case of Shah Bano, Supreme court held that Section 125of Code of Criminal Procedure was applicable to Muslim person also irrespective of their religion. In Shayra Bano case Supreme Court struck down ‘Triple Talaq’. The Indian Constitution embodies the positive concept of secularism i.e. all religions in our country irrespective of their strength have the same status and support from the state. To what extent Indian constitution guarantees secularism and provides protection of freedom of religion. How do societal trends such as majoritarianism and Hindu nationalism, influence the implementation of secularism and freedom of religion in India. The Indian Constitution guarantees secularism effectively protects freedom of religion for all citizens. This research critically analyze the provisions of Indian Constitution regarding secularism and freedom of religion. This research is helpful for law students, legal fraternity, lawyers.
Key-words- Secularism, Freedom, Religion, Secular State, Constitution.