Supreme Court Upholds Secularism as a Constitutional Basic Feature

Context

The Supreme Court of India has once again asserted that secularism is an integral part of the Constitution’s basic structure. The observation came while the Court dismissed a petition objecting to the participation of a Muslim writer at the Mysuru Dasara festival.

Case Background

  • The petitioner opposed the inclusion of a Muslim author at the Mysuru Dasara inauguration.
  • It was argued that the State’s action allegedly violated Articles 25 and 26 related to freedom of religion.
  • The plea implied that a person belonging to a different faith should not be associated with a culturally Hindu festival.

Supreme Court’s Stand

  • The Court rejected the plea, terming it frivolous and communal in tone.
  • It clarified that Mysuru Dasara is a State-sponsored cultural event, not a purely religious ritual.
  • Therefore, participation cannot be restricted on religious grounds.
  • The Court emphasized that the State must maintain neutrality among all religions and cannot exclude anyone from public functions based on faith.

Reaffirmation of Constitutional Values

  • The judgment reinforces secularism as a core constitutional value and part of the Basic Structure doctrine (as established in Kesavananda Bharati case, 1973).
  • It highlighted that India’s secularism is inclusive and pluralistic, allowing interaction among different faiths.
  • The Court observed that participating in a cultural event of another religion does not infringe religious freedom.

Observations on Social Harmony

  • The Court and earlier the Karnataka High Court noted that restricting public participation based on religion is harmful to social unity.
  • Historically, festivals, fairs, and cultural traditions have promoted harmony by bringing together people from different communities.
  • Attempts to politicize religious identity for divisive purposes were criticized.

Key Constitutional Concepts

Concept Explanation
Secularism Equal respect for all religions; no State religion
Basic Structure Doctrine Certain constitutional principles cannot be altered by Parliament
Article 25 Freedom of conscience and free profession, practice and propagation of religion
Article 26 Freedom to manage religious affairs
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