Lably
Skip to content

Related on Lably

Through India, Religion and Indian subcontinent

India has the largest number of followers of Hinduism, Sikhism, Zoroastrianism, Jainism, and the Bahá'í Faith in the world. It further hosts the third most followers of Islam, behind Indonesia and Pakistan, and the ninth largest population of Buddhists.

The Preamble to the Constitution of India states that India is a secular state, and the Constitution of India has declared the right to freedom of religion to be a fundamental right.

According to the 2011 census, 79.8% of the population of India follows Hinduism, 14.2% Islam, 2.3% Christianity, 1.7% Sikhism, 0.7% Buddhism and 0.4% Jainism. Zoroastrianism, Sanamahism and Judaism also have an ancient history in India, and each has several thousands of Indian adherents. India has the largest population of people adhering to both Zoroastrianism (i.e. Parsis and Iranis) and the Bahá'í Faith in the world; these religions are otherwise largely exclusive to their native Iran where they originated from. Several tribal religions are also present in India, such as Donyi-Polo, Sanamahism, Sarnaism, Niamtre, and others.

Constitutional status

The Constitution of India declares India to be a secular state with no state religion. The Forty-second Amendment of the Constitution of India enacted in 1976 asserts the Preamble to the Constitution of India as secular. The Supreme Court of India in the 1994 case S. R. Bommai v. Union of India established that India had been secular since the formation of the Republic on 26 January 1950. Secularism in India is understood to mean not a complete separation of religion from state, but a state that participates in a neutral manner in the affairs of all religious groups and as well as atheism while maintaining equidistance from all.

However, the original copy of the Indian constitution has an illustration of Rama, Sita, and Lakshmana in Part III on Fundamental Rights and Rama has been considered as the true guardian of people's rights. Article 48 of the Indian constitution prohibits the slaughter of cows or calves (a sacred animal in Hinduism) and the same is a criminal offence in most states of India.

Secularism is defined as a basic structure doctrine of the constitution through the argument of Kesavananda Bharati v. State of Kerala case, that cannot be removed or amended by any means. However, there is no mention of the term “Basic Structure” anywhere in the Constitution of India. The idea that the Parliament cannot introduce laws that would amend the basic structure of the constitution have been evolved judicially over time and many cases.

The particular provisions regarding secularism and freedom of religion in India in the constitution are:

  • Article 14: grants equality before the law and equal protection of the laws to all.
  • Article 15: enlarges the concept of secularism to the widest possible extent by prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 25: Freedom of conscience and free profession, practice and propagation of any religion.
  • Article 26: Freedom to manage religious affairs.
  • Article 27: Freedom as to payment of taxes for promotion of any particular religion.
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
  • Articles 29 and 30: provide cultural and educational rights to the minorities.
  • Article 51A: i.e. Fundamental Duties obliges all the citizens to promote harmony and the spirit of common brotherhood and to value and preserve the heritage of the country's composite diverse culture.

Sign in to keep reading

10 more chapters are free with a Lably account.

More in India