Challenges before Secularism and Indian Judiciary

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Authors: Vijay Maknikar Prabhakarrao
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Abstract

Secularism is one of the foundational principles of the Indian Constitution and forms part of its basic structure. India’s pluralistic society, marked by diverse religious traditions, necessitates a constitutional framework that ensures equality, freedom of conscience, and separation of religion from state affairs. However, in recent decades, the principle of secularism has faced serious challenges due to increasing religious interference in governance and judicial interpretation. This paper critically examines the historical evolution of secularism, its jurisprudential foundations in India, and the role of the judiciary in safeguarding constitutional secularism. By analysing constitutional provisions, landmark Supreme Court judgments, and contemporary judicial trends, the study highlights concerns regarding the interpretation of concepts such as Dharma and their impact on secular constitutional values. The paper argues that deviation from constitutional morality and reliance on religious doctrines in judicial reasoning pose a serious threat to the secular fabric of Indian democracy. It concludes by emphasizing the responsibility of the judiciary to uphold the spirit of the Constitution and protect secularism as a cornerstone of nation-building.

Fields of Study & Subjects

Religious Freedom and Discrimination Judicial and Constitutional Studies American Constitutional Law and Politics

Publication details

Journal / source
Zenodo (CERN European Organization for Nuclear Research)
Publication date
31 January 2026