Bharat Narayan M, Government Law College, Thiruvananthapuram
M S Haran Das, Government Law College Thiruvananthapuram
ABSTRACT
This article critically examines the judicial challenges in interpreting and enforcing the principles of secularism and minority rights within the framework of the Indian Constitution. Secularism, enshrined as a basic feature of the Constitution, and the protection of minority rights are foundational to India’s democratic and pluralistic ethos. However, the distinct model of Indian secularism, which contrasts with Western interpretations, poses unique challenges for the judiciary, particularly when resolving conflicts between religious freedom and the principle of state neutrality.
The paper analyses key constitutional provisions, including Articles 14, 15, and 25-30 which collectively safeguard equality, religious freedom, and minority rights. Through an examination of landmark judicial pronouncements such as Kesavananda Bharati v.State of Kerala and S.R. Bommai v. Union of India, the article explores how courts have navigated the delicate balance between secularism and religious identity. The doctrine of essential religious practices, originating from cases like Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt, has become a focal point in the judiciary’s involvement in religious affairs.
Further, the article addresses the emerging tensions between secular governance and the assertion of religious identity in cases involving personal laws, religious conversions, and the regulation of minority practices. In the context of rising religious nationalism and majoritarianism, the judiciary faces increasing pressure to maintain constitutional secularism while safeguarding minority protections.
Keywords: Secularism, Minority Rights, Indian Constitution, Judicial Interpretation, Educational rights, Constitutional Law, State neutrality.
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