Some Judicial Pronouncements Regarding Secularism in India

♤ Secularism has been deemed as one of the pillars of “Basic Structure of the Indian Constitution”. The Supreme Court in the Keshavanada Bharati case (1973) held that the basic structure of the Constitution cannot be altered by the Parliament.

♤ In the S. R Bommai vs Union of India case (1994), the Supreme Court observed the following, “Notwithstanding the fact that the words 'Socialist' and 'Secular' were added in the Preamble of the Constitution in 1976 by the 42nd Amendment, the concept of Secularism was very much embedded in our constitutional philosophy” Thus, secularism which was implicit in the Constitution was made explicit.

♤ In Stanislaus vs State of Madhya Pradesh case (1977), The Supreme Court held that the right to propagate religion (under Article 25) does not include right to forcible conversion as it may disturb public order.

♤ In Ratilal vs State of Bombay (1954), it was held that regulations by the state should not interfere with essentials of religion.

♤ In the Church of God (Full Gospel) in India vs K. K. R. Majestic Colony Welfare Association (2000), it was held that as the right to religion is subject to public order, no prayers (through voice amplifiers or beating of drums) should be performed by disturbing the peace of others.

♤ In St. Stephen’s College vs University of Delhi (1992), the court held that autonomy of a minority institution cannot be taken away as it will defeat the purpose of right to establish and administer educational institutions by minorities.