Secularism — The Constitutional Norm of State Exclusion from Religion

Abstract

Whilst the constitutional framers have not explicitly mentioned ‘secularism’ in preamble part of our constitu- tion, they have brilliantly laid it silently with liberty of thought, belief and faith. However, an explicit reference was required later through 42nd amendment. A reading of the preamble at the gaze of fundamental right to religion, makes it clear that, whilst State has no official religion, it must facilitate the individual right to enjoy this fundamental freedom. Since the constitution itself provides the required restrictions to prevent any harm which may arise out of this freedom State has limited power to intervene in such fundamental right. This paper examines the constitutional and judicial stand on State’s intervention to the norm of Secularism, to enhance the constitutional meaning of right to religion.