Discuss India as a secular state and compare with the secular principles of the US constitution. (2024, 15 Marks)

Paper	GS Paper 2
Word Limit	250 words
Syllabus Topic	Comparison of the Indian Constitutional Scheme with that of Other Countries

Model Answer

The word “secular” was added to the Preamble by the 42nd Amendment, 1976. In S.R. Bommai v. Union of India (1994), the Supreme Court held secularism to be part of the basic structure.

India as a Secular State

• No state religion: All faiths get equal respect (Sarva Dharma Sambhava).
• Freedom of religion: Articles 25–28 protect belief, practice and management of religious affairs.
• Equality: Articles 14, 15 and 16 bar discrimination on grounds of religion.
• Minority rights: Articles 29–30 protect culture and educational institutions.
• Reform role: The state can reform religion. Article 17 abolished untouchability; Shayara Bano (2017) ended instant triple talaq.

Secular Principles of the US Constitution

• The First Amendment (1791) has the Establishment Clause and the Free Exercise Clause.
• Thomas Jefferson called it a “wall of separation” between church and state.
• Engel v. Vitale (1962) banned state-led prayer in public schools.

Comparison

• Model: India follows principled distance; the US follows strict separation.
• Reform: India can intervene in religious practices; the US state stays out.
• Funding: India gives aid to minority institutions, but Article 27 bars taxes to promote a religion. The US has traditionally avoided state funding of religion.
• Personal laws: India has religion-based personal laws; the US has common civil laws.
• Rights: India protects group and minority rights; the US focuses on individual rights.
• Similarity: Both have no state religion, guarantee free practice and rely on courts to protect it.

Conclusion

India’s secularism suits its deep diversity, while the US model grew from its own history. Fair treatment of all faiths keeps the promise of fraternity in our Preamble alive.

Related PYQs

• How is the Indian concept of secularism different from the western model of secularism? Discuss. (2018)
• What can France learn from the Indian Constitution’s approach to secularism? (2019)
• Are tolerance, assimilation and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (2022)

See all: Laïcité and French Secularism | UPSC GS2 Mains Model Answers