The word secularism was not included in the Indian Constitution, and neither did the founding fathers explicitly define the term. It was only in the 42nd Amendment to the Indian Constitution in 1975 that the term was incorporated into the Preamble of our Constitution. It was interesting that the Congress party which had its number in the Rajya Sabha in 1978, couldn’t define the word in its attempt to the meaning as “equal respect to all religions” although the bill had been cleared in the Lok Sabha. It is a different question to think about if the Constitution needed the definition at all.

 The Constituent Assembly had a vision that aimed at securing the citizens of India justice, equality and liberty. While these three political remain at the core of the Constitution, fraternity remains the basic aim, assuring unity and integrity of the nation with dignity. Religious harmony is one such aim that goes along with the idea of fraternity most particularly in the Indian context. The Constitutional mandate therefore can be said to promote religious harmony and promotion of fraternity in the face of the huge diversity of Indian society. It was thus imperative to take positive actions to promote fraternity. It is very important to be familiar with the text of the Constitution to understand what it tries to say and do. The following are the Articles of the Constitution with respect to Indian secularism:

 Art. 25: Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law 114

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub-clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly

Art. 26: Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right

 (a) to establish and maintain institutions for religious and charitable purposes;

 (b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with the law

Art. 27: Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religion denomination

Art. 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds

(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Right.