Indian Secularism In Crisis: Modern Challenges And Judicial Responses
- IJLLR Journal
- 2 days ago
- 1 min read
Kutral Eswari A, The Central Law College, Salem
ABSTRACT
Indian secularism represents a constitutionally distinct model that seeks to balance religious freedom with equality, social reform, and constitutional morality. Unlike Western secularism, which politicises strict separation between religion and the State, the Indian Constitution permits regulated State engagement with religion to preserve public order and protect fundamental rights. In recent decades, however, Indian secularism has been increasingly described as being in crisis due to religious politicisation, politicisation of faith, and growing conflicts between traditional religious practices and constitutional values. Judicial intervention, particularly through the interpretation of Article 25 and the doctrine of Essential Religious Practices, has become central to addressing these conflicts. This article undertakes a doctrinal analysis of the constitutional framework of secularism, examines key judicial decisions, and critically evaluates whether judicial responses have strengthened constitutional secularism or contributed to institutional strain. The article argues that while judicial intervention has protected equality and dignity, the expanding judicial role reflects deeper structural challenges in the implementation of secularism.
Keywords: Indian Secularism, Freedom of Religion, Article 25, Essential Religious Practices, Constitutional Morality, Judicial Review.
