India Secularism In Comparative Constitutional Context: A Comprehensive Guide

Secularism is a concept that has been debated and discussed for centuries. In its most basic sense, it refers to the separation of religion and state. However, there are many different interpretations of secularism, and it can mean different things in different contexts.

In India, secularism is enshrined in the Constitution. Article 25 of the Constitution guarantees freedom of religion, and Article 28 prohibits discrimination on the basis of religion. However, India's secularism is not simply a matter of law. It is also a deeply rooted cultural value. For centuries, India has been a home to people of many different religions, and there has been a long tradition of religious tolerance and coexistence.

In recent years, however, India's secularism has come under strain. There have been a number of communal riots, and there has been a rise in religious intolerance. This has led to concerns that India's secularism is in danger.

The Wheel of Law: India's Secularism in Comparative Constitutional Context

by Gary J. Jacobsohn

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Language	:	English
File size	:	3752 KB
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The book "India Secularism In Comparative Constitutional Context" provides a comprehensive overview of the concept of secularism in India. The book examines the history of secularism in India, the constitutional provisions that protect it, and the challenges that it faces. The book also compares India's secularism to that of other countries, such as the United States, France, and the United Kingdom.

The book is written by a team of experts on India's secularism. The authors include scholars, lawyers, and activists. The book is a valuable resource for anyone who wants to learn more about India's secularism.

The roots of secularism in India can be traced back to the ancient period. The Mauryan Empire, which ruled over much of India from the 4th to the 2nd century BCE, was a secular state. The Mauryan emperor Ashoka was a Buddhist, but he also respected other religions. He issued a number of edicts that promoted religious tolerance and coexistence.

The Gupta Empire, which ruled over northern India from the 4th to the 6th century CE, was also a secular state. The Gupta emperor Chandragupta II was a Hindu, but he also patronized Buddhism and Jainism.

The Mughal Empire, which ruled over most of India from the 16th to the 19th century, was also a secular state. The Mughal emperor Akbar was a Muslim, but he also respected other religions. He issued a number of decrees that protected the rights of non-Muslims.

The British colonial period also had a significant impact on the development of secularism in India. The British introduced a number of laws that protected religious freedom and equality. These laws were instrumental in creating a more secular society in India.

After India gained independence in 1947, the Constituent Assembly adopted a Constitution that enshrined secularism as a fundamental principle. Article 25 of the Constitution guarantees freedom of religion, and Article 28 prohibits discrimination on the basis of religion.

The Indian Constitution contains a number of provisions that protect secularism. These provisions include:

• Article 25: This article guarantees freedom of religion. It states that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.
• Article 28: This article prohibits discrimination on the basis of religion. It states that no person shall be denied admission to any educational institution maintained by the State or receiving aid from the State, on the ground of religion.
• Article 29: This article protects the rights of minorities to establish and administer educational institutions. It states that no person shall be denied admission to any educational institution maintained or aided by the State, on the ground of religion.
• Article 30: This article protects the rights of minorities to establish and administer religious institutions. It states that no person shall be denied admission to any religious institution maintained or aided by the State, on the ground of religion.

These provisions provide a strong foundation for secularism in India. They guarantee freedom of religion, equality before the law, and the right to establish and administer educational and religious institutions.

Despite the constitutional provisions that protect secularism, there have been a number of challenges to secularism in India in recent years. These challenges include:

• Communal violence: There have been a number of communal riots in India in recent years. These riots have been sparked by religious tensions, and they have resulted in the deaths of thousands of people.
• Religious intolerance: There has been a rise in religious intolerance in India in recent years. This intolerance has been manifested in a number of ways, including hate speech, discrimination, and violence.
• Political manipulation of religion: Some political parties have used religion to divide people and to gain votes. This has led to further communal tensions and violence.

These challenges have put a strain on India's secularism. However, the Indian people remain committed to the values of pluralism and tolerance. They are working to overcome these challenges and to build a more inclusive and harmonious society.

India's secularism is not unique. There are a number of other countries that have adopted secular constitutions. These countries include:

• The United States: The First Amendment to the US Constitution guarantees freedom of religion. It states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
• France: The French Constitution of 1958 declares France to be a secular state. It states that the Republic shall ensure

The Wheel of Law: India's Secularism in Comparative Constitutional Context

by Gary J. Jacobsohn

5 out of 5

Language	:	English
File size	:	3752 KB
Text-to-Speech	:	Enabled
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	348 pages
Screen Reader	:	Supported

FREE