About the author:
Binitha Sara Biju is a final year student at the C.S.I Institute of Legal Studies in Thiruvananthapuram. She is also a member of the LJRF Centre for Constitutional Literacy.
INTRODUCTION
“Unity and secularism will be the motto of the government. We can’t afford divisive polity in India.”
-Manmohan Singh
The Constitution of India is the supreme law of India. It frames fundamental political principles, procedures, practices, rights, powers, and duties of the government. The Indian Constitution is a document that describes what India stands for and how it will be governed, making it one of the most important documents of the country. The preamble is an introduction to the constitution that explains what it stands for and how it will be applied. It’s almost like the Indian constitution’s mission statement. The preamble states that India is a Sovereign, Socialist, Secular, Democratic, Republic. The word Secularism was born in the preamble through the 42nd Amendment Act of 1976. The separation of religion and state is the foundation of secularism. Freedom of religion or belief is guaranteed by Article 18 of The Universal Declaration of Human Rights, Article 18 of the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.
As an extension to the word “secular” the constitutional assembly has provided certain provisions under the Fundamental Rights for the peaceful practice and propagation of all religions. In the Kesavananda Bharati case the Supreme Court reiterated that secularism is a part of the basic structure of the constitution. Among various conceptions of secularism, the well-established concept is that the state has no official religion and it is not prejudicial against any faith. The insertion of the word ‘Secular’ sums up the cumulative effect on these provisions leaving no scope for anyone to debate the secular credentials of the Indian Republic as well as putting these credentials beyond the amending power of the State by clearly raising them to the status of the basic features of the Constitution like democracy and republicanism.
India taught the world about the meaning of secularism which attracted the people all over the world. The S.R Bommai v. Union of India judgment heralded for its endorsement of Indian Federalism is also a sharp and biting commentary in the inroads of religion into politics and safeguard Indian secularism. Supreme Court while adjudicating the case held that the state government cannot follow particular religion discussed at the length of the concept of secularism. Secularism is one of the basic features of the constitution. The court added that these provisions by implication prohibits the establishment of the theocratic state and prevents the state from either identifying itself with or favoring any particular religion or religious sect or denominations. Day by day, one after another India persuades that it is a secular country. At the 27th session of Universal Periodic Review working group at UNHRC in Geneva, Attorney General Mukal Rohtage, who was representing India, responded to the criticism from Pakistan over treatment of minorities said that India makes no distinction between caste, creed, color or religion of a citizen. India is a secular state with no state religion.
Political Secularism may be defined as the separation of religious activities from those of the state, customarily referred to as “the separation of church and state in the west”. The state in its governmental capacity does not promote any religion or religious groups nor does it intervene in religious affairs. The theoretical formulation, interpretation and implementation of secularism is different in varied countries. In the Indian context, the votaries of Hindutva equate it with appeasement of the minorities, thus pseudo-secularism. Apologists of Indian secularism call it “religious equidistance, and not non-involvement” meaning that the Indian state is neutral between religions and religious communities. Parliamentarians like Mahavir Tyagi, H.V Kamath, Dr. K.M Munshi have raised the issue at the assembly of considering to bring the name of God in the Constitution or to not. The issue was later withheld on the sake of secularism, which would have violated the true meaning of secularism.
THE CONTROVERCY:
India is seen as a shining example of a secular state but in reality, the Indian state actually favors Hinduism over other religion and religious communities. The reason for this claimed by promoters of Hindutva, is that this religion is one of the ancient ones prevailing in India from the time immemorial and therefore it has its dominance over the cultural and historical aspects. The matters got to the peak of its controversies, thus the importance and the particular definition of Secularism was questioned during the Inauguration Ceremony for the new Parliament building. All the eyes were focused on the Hindu Religious Ceremonies and Havan held at the New Parliament Building, than the Inauguration itself. It gained so much importance as the main heading of a newspaper only because the country we live is known as India and this is the place where all the religions are claimed to be considered equal. The governments, either the one in power or the ones not in power, mostly concentrates its performances to appeal to the Hindu masses, as it is the religion followed by the majority.
The controversies spread like a wildfire when Prime Minister Narendra Modi presented the new Parliament Building to the country on 28th March 2023 and installed the ‘Sengol’ near the Lok Sabha Speaker’s chair in the new building. The ceremony began with a traditional puja at a pandal near the Gandhi statue with Vedic rituals. PM Modi performed “Ganapati Homam” to invoke Gods to bless the inauguration of the new Parliament building. Before its installation in the new Parliament building, PM Modi was handed over the historic ‘Sengol’ by the Adheenams(preists). As a mark of respect, PM Modi prostrated before the ‘Sengol’ during the ceremony and sought the blessings of the Adheenams from various temples in Tamil Nadu. He then carried the ‘Sengol’ in a procession amongst chanting of Vedic mantras to the new Parliament building. He then installed it in the Lok Sabha chamber, right next to the Speaker’s chair. The ‘Sengol’ was consecrated amid Vedic chanting by the Adheenams before its installation.
In a secular country like India, where the Parliament is usually referred to as a “mini-nation” and where the Constitution gets its fullest meaning, conducting of such religious ceremonies by giving importance to a major religion for the formation of a Constitutional Structure is sabotage of the Constitution itself.
Mr. Vishwanth, who is also a former BJP MP, remarked in the light of the happenings at the Inauguration of New Parliament building that “Instead of Ashoka Chakra, which is our national emblem, Prime Minister Narendra consecrated the “Sengol”, a religious symbol, in the new building, delivering a blow to the secular values enshrined in the Constitution. The consecration of the “Sengol” in the new Parliament building, accompanied by rituals, symbolized “Purohithashahi” or rule of the priestly classes, thereby, threatening democracy. The parliament is the soul of the country. How can a religious symbol be established in the parliament house. it is very unfortunate that the country’s cherished constitutional values were thrown to the winds during the inaugural ceremony of the new parliament building under the leadership of Prime Minister Narendra Modi.”
Even though, it is true that along with the consecration of “Sengol” by the Hindu priests a ‘Sarva Dharma Prarthana’ (multi-faith prayer)-consisting of the 12 faiths in India- ceremony was held at the new Parliament building to symbolize India’s unity, it is still evident, that the most important part of the historic moment was tainted by the avoidance of Secularism and focused on the religion of the majority. This is not an isolated instance of the violation of the concepts enshrined in The Preamble. A similar incident happened two years ago, during the Foundation Stone laying ceremony of Central Vista.
CONCLUSION
In a country where the constitutional values are swiped away by the Head of the Government itself, it is inevitable that the worth of the Constitution and the values upheld in it, is depleting day by day.
