Sacred or Secular: Who Does the Constitution Speak For Today?

Written by: Anushka Jha , 3rd Year B.B.A. LL.B. (Hons.), Banasthali Vidyapith 

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Abstract:

India is a country built or founded the promise of unity in diversity—a nation where people of all religions could coexist with respect and equal rights—which was the foundation of India. Secularism, which was added to the Constitution's Preamble in 1976 but has long been regarded as an unspoken fundamental principle of the republic, is at the centre of this vision. This word is now the focus of heated discussion. Many in the opposition contend that India is gradually moving away from its secular foundation because of the emergence of a Hindu-majority political narrative and the growing use of religious symbolism in state affairs. In Parliament and elsewhere, people are asking: Is the government moving closer to Hinduism in terms of national identity? The minority groups are being excluded from social, political, and legal spheres.

Socially, but legally and politically. However, the government defends its strategy by claiming that all citizens, regardless of religion, receive the same welfare and opportunities. This essay examines these divergent points of view, analyses current events and discussions, and poses the important question: Is secularism still relevant to India's political and constitutional life, or is it becoming a symbolic ideal that no longer accurately represents the nation's reality?

This paper explores these contrasting viewpoints, examines recent developments and debates, and asks a crucial question: Does secularism still hold meaning in India's constitutional and political life, or is it becoming a symbolic ideal that no longer reflects the country's reality

INTRODUCTION

Under a single constitutional framework, India is frequently referred to as a tapestry of religions, cultures, and traditions. For a long time, the idea of secularism has been crucial to preserving harmony in this multicultural society. However, the original constitutional design, which was conceived against the turbulent backdrop of Partition and the framers' vision of a united, diverse nation, was deeply rooted in the spirit of secularism. It guarantees that no religion will be given preference or disadvantage by the state, and that all religions will be treated with equal respect. However, secularism has come under more and more scrutiny in the past ten years. Critics contend that a subtle departure from India's secular ethos may be indicated by the increasing political emphasis on Hindu identity, religious symbolism in public events, and specific legislative measures.

The question of whether the Indian Constitution is essentially a secular document that shields all citizens from religious discrimination and state entanglement or whether it subtly accommodates and even privileges certain religious majorities, obfuscating the distinction between the sacred and the secular, has been raised by this novel approach.

To answer this complex question, this essay will examine how the Constitution's voice is shaped in contemporary India by historical intent, judicial interpretations, and sociopolitical realities. This essay aims to investigate the persistent conflict between majoritarian politics and secular ideals.

The Constitutional Blueprint: A Principled Distance, Not a Wall

The Indian Constitution's drafters created a distinctive framework for the interaction between the state and religion, greatly impacted by the country's pluralistic society and past experiences with intercommunal conflict. Often referred to as "positive secularism," this model stands in sharp contrast to the American "wall of separation" theory. The Indian state is created to maintain a principled distance, treating all religions with equal respect and keeping the power to interfere in religious matters for social reform, as opposed to a strict division.

This approach is rooted in several key parts of the Constitution. The Preamble's promise of a "Secular" Republic, added in 1976, clearly established this commitment. More importantly, Articles 25 to 28 provide details about religious freedom. Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and promote religion. However, this right has important limitations. These include “public order, morality, and health” as well as other sections of the Constitution. This allows the state to regulate religious practices for the sake of social welfare. Article 26 gives religious groups the freedom to manage their own affairs, but this is also subject to state oversight. The Constitution aimed to prevent a state religion, ensure freedom of religion for everyone, and give the government the power to address social issues within religious communities, such as untouchability.

Judicial Guardianship: Shaping India's Secularism

The Indian Supreme Court has been the main interpreter of the Constitution's secular principles, issuing key judgments that have influenced the country's understanding of this concept. These cases show an ongoing effort to balance religious freedom with the constitutional values of equality and justice. A key ruling was the Kesavananda Bharati v. State of Kerala (1973) case, which established the "Basic Structure Doctrine." This doctrine states that certain essential features of the Constitution, including secularism, cannot be changed by Parliament. This judgment made secularism a permanent, non-negotiable principle of Indian governance, offering an important protection against majoritarian legislative action. Later judgments have addressed the conflict between religious practices and social reform. The Sabarimala Temple Case (2018), where the Court ruled that excluding women of menstruating age was not an essential practice of Hinduism and therefore violated their right to equality and freedom of religion. This case powerfully illustrates the Constitution advocating for the individual against a collective religious tradition. Another significant issue has been the state's role in personal laws. In the Shah Bano Begum Case (1985), the Court granted a divorced Muslim woman maintenance under a secular law, igniting a national debate on the Uniform Civil Code (UCC). Decades later, the Shayara Bano Case (2017) ruled instant triple talaq unconstitutional, stating it violated fundamental rights. These cases highlight the judiciary's role in promoting gender justice and ensuring that the promise of equality in the Constitution is not undermined by religious law.

Who Does the Constitution Speak for Today? Voices from a Diverse Nation.

The question of who the Constitution represents today varies across India's many communities. This often leads to intense debates in public. For religious minorities like Muslims, Christians, and Sikhs, the Constitution mainly acts as a protector of their unique identities. They see provisions for religious and cultural freedom as a defense against the perceived threat of majoritarian assimilation. The ongoing push for a Uniform Civil Code is viewed as a direct challenge to their rights to follow personal laws. On the other hand, many in the Hindu majority, especially those who support Hindutva ideology, believe the Constitution should better reflect India’s civilizational roots. They argue that the way secularism is practiced has resulted in "minority appeasement." They think the Constitution should allow the state to promote Hindu culture in public life. This viewpoint drives debates on topics like cow protection laws, religious conversion, and public displays of religious symbols. For women and gender justice advocates, the Constitution strongly supports equality and dignity. They view the judiciary’s role in personal laws as a victory for constitutional values over patriarchal religious traditions. They believe the Constitution fulfills its promise when it protects individuals from discriminatory religious practices. For the state, the Constitution serves as a means to maintain peace and harmony. It gives the government the power to regulate religious practices to keep public order. The regular clashes and legal disputes over religious processions, festivals, and land conflicts show that this is an ongoing, often tense, balancing act.

Parliamentary Debates and The Living Constitution

The debate over secularism goes beyond the judiciary; it is a crucial part of India's political landscape, particularly in parliamentary discussions. The recent talk about the words "socialist" and "secular" in the Constitution's Preamble is a clear example. The suggestion to remove these words, even though the government later dismissed it, sparked a national conversation about the country's core identity. Another recent debate over the Waqf (Amendment) Bill, 2025 further highlights the complexities of the issue. While the government claimed the bill aimed for transparency and accountability in managing Muslim religious properties, opponents viewed it as an intrusion into the religious affairs of a minority group. The parliamentary exchange revealed a deep disagreement about whether the state's secular right to regulate is more important than a community's religious freedom. The Uniform Civil Code (UCC) is not a new topic, but it continues to be a major focus of parliamentary discussions. Supporters argue that the UCC would conform to the constitutional requirement for a uniform law and promote gender justice across all communities. Critics, however, caution that a single code would undermine the nation's diversity and the right of minorities to preserve their unique identities. The parliamentary debate shows a country still struggling to balance the idea of legal uniformity with the reality of a diverse society.

Conclusion: A Constitution in Continuous Interpretation

The question "Sacred or Secular: Who Does the Constitution Speak For Today in India?" reflects a document that engages continuously with its people and their changing social and political context. The Constitution was designed to support a secular state that respects all religions equally and can step in to promote social justice. However, how it is understood and applied is greatly affected by historical issues, political stories, and the hopes of various communities. The Indian Constitution aims to represent every citizen, whether they are a devoted follower of a religion, part of a religious minority, an atheist, or a woman seeking equality in her community. Its approach to secularism involves maintaining a "principled distance" rather than enforcing a strict separation. This allows for the protection of religious practices while also enabling reforms. The journey ahead requires ongoing alertness, strong judicial interpretation, and a steady commitment from both the government and society to uphold the constitutional values of equality, fraternity, and justice for everyone. This way, India's promise of secularism can stay alive and welcoming amid modern challenges.