Dharmnirpekshta: Secularism – The Soul of the Indian Constitution
“India is not a land of Hindus only. It is a land of Muslims, Christians, Parsis and all.”
— Mahatma Gandhi, Harijan, 1931
Introduction: A Civilizational Ethos, Not a Borrowed Ideal
The Indian idea of Secularism, or Dharmnirpekshta, emerges not from Western liberalism alone, but from the timeless civilizational experience of pluralism. Long before the term "secular" was coined in Europe, Indian society had already evolved mechanisms to accommodate, negotiate, and respect diverse faiths and philosophies.
In the Indian Constitution, secularism is not irreligiousness. It is the equal respect and protection of all religions, while ensuring that the State does not privilege or impose any particular faith.
Secularism in the Constitution: Not Just a Word, but a Framework
Although the word ‘Secular’ was formally inserted in the Preamble through the 42nd Constitutional Amendment (1976), its spirit was already present in the fundamental rights and duties laid down in the Constitution.
🧾 Key Constitutional Articles that Enshrine Secularism:
-
Article 14 – Equality before law:
Guarantees that the State shall not deny to any person equality before the law or equal protection of the laws. -
Article 15(1) & (2) – Prohibition of discrimination:
Forbids discrimination on grounds of religion, race, caste, sex or place of birth. -
Article 16(1) & (2) – Equality of opportunity in public employment:
No citizen shall be discriminated against in public employment on religious grounds. -
Article 25 – Freedom of conscience and free profession, practice and propagation of religion:
Ensures that every person has the right to profess, practice, and propagate their religion. -
Article 26 – Freedom to manage religious affairs:
Religious denominations have the right to establish and maintain institutions, manage affairs in matters of religion. -
Article 27 – No taxation for promotion of any religion:
Citizens cannot be compelled to pay taxes for promoting any particular religion. -
Article 28 – Freedom as to attendance at religious instruction:
No religious instruction shall be provided in any educational institution wholly maintained out of State funds. -
Article 51A(e) – Fundamental Duties:
It is the duty of every citizen to promote harmony and the spirit of common brotherhood transcending religious diversities.
These provisions form the secular scaffolding of Indian democracy.
Voices of India’s Secular Soul: Founders and Thinkers
🕉️ Swami Vivekananda: Spiritual Universalism
Swami Vivekananda, in his Chicago address (1893), offered the foundational ethos for India's pluralism:
“We believe not only in universal toleration, but we accept all religions as true.”
He envisioned India as a confluence of spiritual paths, where the State must not become a tool for religious dominance, but rather safeguard all expressions of divine pursuit.
🎨 Rabindranath Tagore: Humanism Above Sectarianism
In Nationalism in India, Tagore cautioned against the rise of religious nationalism:
“Religion, in the sense of devotion and moral strength, must not be harnessed to the chariot of the Nation.”
His idea of Indian identity was inclusive, rooted in human dignity and mutual respect—principles echoed in Articles 14 and 15.
☮️ Mahatma Gandhi: Sarva Dharma Sambhava
Gandhi was not secular in the Western atheistic sense, but rather in the spiritually inclusive Indian sense. He believed that all religions are different paths to the same truth:
“Religion must help us achieve harmony with our fellow beings.”
His life was a testimony to non-violence and interfaith dialogue, which today resonates through Article 25 and 51A(e).
📚 Dr. B.R. Ambedkar: Liberty of Conscience
Dr. Ambedkar ensured that individual rights are supreme over collective religious assertions. He embedded freedom of conscience in Article 25:
“The State is bound to treat all religions equally and give every individual the freedom to choose their path.”
— Constituent Assembly Debates, 1948
He also insisted on Article 15 and 16 as protective shields against religious discrimination in social and economic spheres.
🕌 Maulana Abul Kalam Azad: A Muslim Voice for Indian Pluralism
Maulana Azad believed that true nationalism must rise above religious boundaries. Addressing the Jama Masjid after Partition:
“Even if someone offered me a place in the holy land of Arabia, I would still choose to live and die in India.”
He advocated education as the key to national unity, becoming India's first Education Minister. His views align with Article 28, which prevents forced religious instruction in State-funded schools.
⚖️ Other Eminent Thinkers: The Syncretic Legacy
- Raja Ram Mohan Roy promoted freedom of thought and opposed orthodoxy—principles that later translated into Article 25 and 26.
- Sri Aurobindo spoke of Sanatan Dharma as an ethical and spiritual idea, not a sectarian identity.
- Dr. Zakir Hussain, India’s third President, affirmed:
“A secular State protects all religions and privileges none.”
- Khan Abdul Ghaffar Khan, a devout Muslim and Gandhian, emphasized nonviolence and Hindu-Muslim unity—the practical essence of Article 51A(e).
Secularism and State: Equal Distance, Not Equal Neglect
Indian secularism is not about divorcing religion from public life, but about ensuring that the State treats all religions equally and does not interfere unless required by public morality, health or order (as stated in Article 25(1)).
This principle allows for:
- State regulation of unethical religious practices (e.g., triple talaq abolition)
- State support to religious festivals or pilgrimages (e.g., Haj subsidy, Kumbh Mela logistics)
without compromising constitutional neutrality.
Conclusion: Dharmnirpekshta is Rashtra-Dharma
To reduce secularism to a political slogan is to betray the vision of our Constitution and its framers. It is not about protecting one religion against another, but about protecting India’s unity amidst diversity.
Secularism is not a Western luxury. It is India’s civilizational necessity.
Let us then remember:
"Where the mind is without fear and the head is held high... into that heaven of freedom, my Father, let my country awake."
— Rabindranath Tagore
🧾 Summary of Key Articles Referenced:
| Article | Provision |
|---|---|
| 14 | Equality before law |
| 15 | No discrimination on religion, caste, etc. |
| 16 | Equal opportunity in public employment |
| 25 | Freedom of religion |
| 26 | Rights of religious denominations |
| 27 | No taxation for religion |
| 28 | Religious instruction in State-funded institutions |
| 51A(e) | Duty to promote harmony beyond religious lines |
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