The word Secular was added to the Preamble of Indian constitution through an amendment to the Constitution. Was Indian Constitution Secular as on 26 November, 1949, Enumerate.
The constitution of India was framed by the Constituent assembly set up under the Cabinet Mission Plan of 1946. The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the constitution was prepared by seven member commiRead more
The constitution of India was framed by the Constituent assembly set up under the Cabinet Mission Plan of 1946. The Constituent Assembly set up 13 committees for framing the constitution. On the basis of the reports of these committees, a draft of the constitution was prepared by seven member committee under the chairmanship of Dr B.R Ambedkar.
Salient features of Indian Constitution;
1)The bulkiest constitution of the world- consists of 444 articles divided into 25 parts and 12 schedules.
2) Rigid and flexible -while some provisions of the constitution can be amended by the parliament by a simple majority,others require a two-third majority of the members of the parliament as well as majority in the state legislature.
3) Parliamentary system of Government – at both the centre and states. In the system, prime minister and his council of ministers are responsible for all their actions to the government.
4) Bicameral legislature – at centre consisting of Lok Sabha and Raj Sabha.
5)Federal system with unitary base- the Indian federal structure acquires a military character during an emergency, where the normal distribution of powers between the center and states undergoes vital changes.
6) Fundamental rights and duties- Indian Constitution contains an elaborate list of fundamental rights and duties. Part 3 of the constitution establishes fundamental rights (article 12-35). Fundamental duties were not included in the original Constitution,these duties were added to the constitution by 42nd Amendment in 1976 and 86th Amendment in 2002.
7) Directive Principles of state policy- these principles seek to provide a social and economic basis for democracy and establishment of the welfare state.
8) Secular state -means that there is no state religion and state is completely detached from religious dogmas.
9) Independent Judiciary – the constitutions provides an independent judiciary which ensures that government is carried out in accordance with the provisions of the constitution.
10) Universal Adult Franchise – right to vote all citizens above 18 years of age without discrimination.
11) Emergency powers- constitution vest extra ordinary powers in the President during emergencies arising out of armes rebellion or external aggression, emergency due to breakdown of constitutional machinery in state and financial emergency where credit of the country is threatened.
12) Single Citizenship – whoever obtains the Citizenship rights of another nation instantly loses their Indian citizenship.
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Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow thRead more
Secularism can be defined as a social order where religion is neither actively promoted nor criticized. The western concept of secularism is based on the idea of mutual exclusion i.e both religion and state must stay away from each other. The Indian concept of secularism is different as we follow the idea of Principled Distance i.e there is no strict boundary between state and religion and they are not divided into water tight compartments as they share porous borders boundaries.
Originally the Indian constitution did not mention the word Secularism. It was added by the 42nd Amendment in 1976 but it does not mean that The Indian constitution was not secular on 26th November 1949 when the constitution was adopted. Through various articles Indian constitution has ascertained that India is a secular nation.
Indian secularism is based on the following ideologies:
Nehruvian – State should not have any religion and state should not discriminate anyone on the basis of religion. Article 15 and 27.
Gandhian – “Sarv Dharm Sambhav” i.e. all religions coexist. Religions should be treated equally and rights to practice ones religion. Article 25 and 14.
Dr. B.R. Ambedkar – Minorities right to religion. Article 29, 30 and 17.
Fundamental rights:
Article 14: Equality before law (irrespective of religion)
Article 15: State shall not discriminate on the basis of religion.
Article 25 – 28: Ensure freedom of religion to all.
Secularism forms the basics structures of the constitution. The Indian Union is not completely identified with a particular religion also it is not adverse to the use of religious symbols. Every citizen is equally entitled to the freedom of conscious and right to religion to freely profess, practice and propagate the religion of their own choice. Thus it would be correct to say that Indian constitution was secular even on 26 November 1949 before the word secularism was added in the Indian constitution by the 42nd constitutional amendment of 1976.
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