The Fractured Canvas: Navigating the Spirit of Secularism in Modern India
- CLAT Mentor Neeraj Sir
- Feb 14
- 4 min read
Updated: Feb 14
“The Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.” — B.R. Ambedkar
The Stained Canvas and the Vision Unfulfilled
INDIA is meant to be a vibrant canvas of secularism. Yet, look closer, and you will see it is often stained by the bloodshed of communal violence. For too long, the sacred principles of secularism have been hollowed out, becoming just another tool for tolerance, compromise, and subjugation rather than a true sanctuary for free speech and expression.
The trajectory that our country followed in the last 76 years simply does not align with what was envisioned by the constitution makers. We see the scars everywhere: whether it be the Shri Ram Janmbhoomi conflict, the Godhra Train Burning & Gujarat Pogroms (2002), the modern love jihad controversy, or the dark shadows of the 1984 Anti-Sikh Riots. The lawmakers who have held the responsibility of upholding the constitution by taking an oath to it have, in these moments, proven to ignore its very fundamentals.
Navigating the Spirit of Secularism in Modern India
The Burden of the Citizenry
However, the fault does not lie solely in the halls of power. It is not for them to blame but the very own citizens of India, who from time and again had seemed to sway away with hate speeches and the politicisation of state authority. By allowing ourselves to be manipulated, we have contributed to rising communal tensions.
We must remember: The Constitution is not a rigid document but an expansive one. It does not provide with the manual to lead life, but it governs the very own consciousness of it. While the law is an order in which society should work, it is a living, breathing thing; not everything is explicitly stated, but it is for the citizenry to decide how they move with the spirit.
The Soul Before the Script
One such spirit that has been embedded in our society even before the incorporation of the constitution was the secular character. Though the word ‘SECULAR’ did not make it to the original draft, it was truly reflective of how the Constitution was framed.
The provisions provided held every human on an equal footing with others in terms of fundamental rights, without consideration of their socio-economic background. While it provided for the provisions of their upliftment—creating a necessary positive discrimination—it maintained a delicate balance.
BUT when it comes to religious freedom, our constitution demarcates a clear mandate between the state and religion, ensuring they work in different domains without affecting each other’s sanctity.
Article 25 (Freedom of Conscience): Protects the individualistic autonomy to practise, profess, and propagate faith of his choice.
Article 26 (Freedom to Manage Religious Affairs): Protects the collective freedom and internal autonomy of religious communities.
In times of conflict, our judiciary has oftentimes followed the test of essentiality (the essential religious practises). This doctrine ensures that, beyond this, the state would not intervene in the internal matters of religious communities. However, in matters where constitutional values are bypassed, the state does have a right to intervene for a positive change and social reform, provided the constitutional courts are convinced, and there is evidence of egregious discrimination as seen in Young lawyers association VS State of Kerala (2018)
Also Read: IS THE RIGHT TO DIVORCE A FUNDAMENTAL RIGHT?
A New Definition for a New Age
This leaves us with a completely new definition of secularism in India, which is far more different from the Western concept, which rather sticks to a no-intervention policy at all times. Secularism in India works on the principles of “Sarva Dharma Sama Bhava”, meaning that for the state, every religion is equal and there shall be no official religion.
But what do we truly need today? Is it merely knowing our rights, or is it knowing the way they should be enforced, so that no one fears in times of peril?
We claim to have the right to freedom of speech and expression, but do we really have it at the times when discussing sensitive issues like religious autonomy and freedom in India? Too often, these issues are hijacked, serving as a tool for political institutions for the mobilisation of crowds.
In this age of an evolving techno-economic landscape, our society deserves better than rhetorical news debates or the hollow echoes of a political rally. We must move away from the performative and toward the intrinsic. We need the right forums and spaces that engage in open discussions and facilitate free expression of problems faced by an individual and a community as a whole in these sensitive times.
We must expand our horizons to create digital and physical town halls where the "consciousness" of the law is debated with empathy rather than vitriol. True secularism won't be found in the silence of the oppressed or the shouting of the mob, but in the courage to speak the truth of one's identity while fiercely protecting the neighbour's right to do the same. If we do not cultivate these forums of genuine engagement, we risk leaving the spirit of our Constitution behind, trading our expansive heritage for a rigid manual of survival.
Also Read: The 120-Minute Battle: Master Your Mind, Rule the Results (Thriving through the CLAT Challenge)
Author Note- Written, structured, and edited by Shivank Shukla. Concept and ideation by Neeraj Kumar
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