Is India a Secular State ?

Abstract

The paper examines India's secular status, arguing that its legal and practical frameworks are inconsistent and often discriminatory. The inclusion of the terms "socialist" and "secular" in the preamble during the 42nd Amendment in 1976 was controversial, with Ambedkar opposing its inclusion. Article 15(1) prohibits discrimination based on religion, but Article 15(5) allows special provisions for certain groups, excluding minorities. Article 25 protects religious freedom but supports missionary activity, favouring conversion practices unique to Christianity and Islam. Article 30 grants minorities exclusive rights to manage educational institutions, disadvantaging the Hindu majority. The Constitution and state policies, such as caste-based reservations, often undermine the secular ideal by institutionalizing group-specific benefits, primarily favouring minorities. Reservations have expanded to include economically weaker sections and minority groups, eroding the principle of secular equality. The paper advocates for a truly secular state where all citizens are treated equally under the law, regardless of religious identity.