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Supreme Court - "secularism, liberty, equality, and fraternity" are cardinal principles of the Constitution.

20 Sep 2025 GS 2 Polity
Supreme Court - "secularism, liberty, equality, and fraternity" are cardinal principles of the Constitution. Click to view full image

Context: 

Case: "H.S. Gaurav (Bengaluru) vs  State of Karnataka"

  • Whether Booker Prize winner Banu Mushtaq, a Muslim, can inaugurate Mysuru Dasara festivities, which include both secular and religious components.

  • Petition dismissed.

Key Arguments

  1. Petitioner’s Argument

    • Inauguration had two aspects:
      a) Ribbon-cutting – secular.
      b) Pooja before Goddess Chamundeshwari – religious, spiritual, and essentially Hindu.

    • Claimed allowing a Muslim to perform the pooja violates essential religious practices under Article 25.

    • Argued High Court erred in allowing a non-Hindu to participate in temple rituals.

  2. State of Karnataka argument

    • Dasara festivities are a State event, not a private religious ceremony.

    • The State, being secular, does not adopt or promote any religion.

Supreme Court’s Observations

  • Preamble: Reminded petitioner that secularism, liberty, equality, and fraternity are cardinal principles of the Constitution.

  • State’s Role: The event was conducted by the State, which “maintains no religion of its own”.

  • Precedent: Cited M. Ismail Faruqui (1994) case (Ayodhya Act), which reaffirmed the secular nature of the State.

  • Swami Vivekananda – “Religion is not in doctrines, in dogmas, nor in intellectual argumentation; it is being and becoming, it is realisation.”

  • Refused to restrict Ms. Mushtaq’s participation or seek an undertaking from the State.

                           

Constitutional Dimensions

  • Preamble: Secularism, liberty of thought and faith, fraternity.

  • Article 25: Freedom of religion – protects essential practices but within the framework of public order, morality, health, and other fundamental rights.

  • State Secularism: The State cannot prefer one religion over another while conducting public events.

Significance

  1. Reaffirmation of Secularism – The State cannot be compelled to act in a religiously partisan manner.

  2. Boundary between Religion & State – Even if religious rituals are involved, State events remain secular.

  3. Minority Participation in Cultural Events – Legitimises inclusivity in traditionally Hindu festivals sponsored by the State.

  4. Judicial Reminder – Courts use the Preamble as a guiding light to uphold constitutional morality over majoritarian sentiments.


Secularism in India

Introduction

  • Preamble begins with “We, the People of India…” – secularism formally added via 42nd Constitutional Amendment Act, 1976.

  • Secularism = separation of religion from State & civic affairs.

  • India: no state religion, unlike theocratic regimes (e.g., Pakistan).

  • Alexandrowicz: India as a secular state guarantees freedom of religion without special status to any religion.

Meaning of Secularism

  • Equal respect and freedom to all religions.

  • Positive aspect: freedom of conscience, profession, practice, and propagation.

  • Negative aspect: no state religion, no preference or discrimination.

  • Distinct from European secularism → India promotes equal treatment, not strict separation.

Constitutional Provisions

  • Article 14 – Equality before law.

  • Article 15 – No discrimination on religion, caste, sex, place of birth.

  • Article 16 – Equality of opportunity in public employment.

  • Article 19 – Fundamental freedoms (speech, expression, assembly, association, movement, profession) subject to restrictions.

  • Article 25 – Freedom of conscience; profess, practice, propagate religion. No forced conversions.

  • Article 26 – Rights of religious denominations (subject to public order, morality, health).

  • Article 27 – No compulsion to pay taxes for promotion of a particular religion.

  • Article 28 – No religious instruction in state-funded institutions.

  • Article 44 – Uniform Civil Code (Directive Principle).

Judicial Pronouncements

  1. Kesavananda Bharati v. State of Kerala (1973) – Secularism part of Basic Structure Doctrine.

  2. S.R. Bommai v. Union of India (1994) – Secularism reaffirmed; not atheism, ensures equal status to all religions.

  3. Ahmedabad St. Xavier’s College v. State of Gujarat (1974) – Secularism neither anti-God nor pro-God; no religious discrimination.

  4. Stainislaus Rev. v. State of MP (1977) – Freedom to propagate ≠ right to convert.

  5. Indian Young Lawyers Assn. v. State of Kerala (2018, Sabarimala case) – Ban on women violated equality; dissent raised limits of challenging practices.

  6. S.P. Mittal vs. Union of India (1983)
    The Supreme Court held that government officials cannot participate in religious activities while on duty, and that the use of public funds for such activities is unconstitutional.

  7. Indra Sawhney vs. Union of India (1992)
    This case dealt with the issue of reservation in government jobs and education. The Supreme Court upheld the validity of reservation but also held that it should not exceed 50% and should be based on the principle of social and educational backwardness, rather than religion.

  8. M. Ismail Faruqui vs. Union of India (1994)
    The Supreme Court held that the acquisition of a religious place of worship by the government does not violate the right to freedom of religion, as long as adequate compensation is provided.

  9. Communalism Combat vs. Union of India (2006)
    In this case, the Supreme Court issued guidelines to prevent hate speech and communal violence by politicians and religious leaders, and ordered the establishment of fast-track courts to try cases related to communal violence.

Relevance of Secularism

  • India’s religious plurality demands secularism for unity.

  • Promotes pluralism, integration, development focus beyond religion.

  • Uniform Civil Code debate: tension between equality (Art. 14–15) and religious freedom (Art. 25–28).

Scope of Improvement

  • Concept of Constitutional Morality (not in Constitution; evolved by judiciary).

  • Used to adapt society to modern norms (e.g., Sec 377 decriminalisation, Sabarimala case).

  • Risk: judicial overreach – “Power corrupts, absolute power corrupts absolutely.”

  • Debate: extent of State intervention in religious matters vs. respecting faith.

Conclusion

  • India: one of 96 secular nations; equal protection to all religions.

  • Secularism = respect for all religions, no preferential treatment.

  • Necessary interventions possible, but courts must balance reforms vs. sentiments.

  • India’s survival as a plural democracy depends on adhering to its unique model of secularism envisioned by the framers.



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