Between Pluralism And Neutrality: A Comparative Study Of Constitutional Secularism In India And Brazil

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Jordano Paiva Rogério, PhD advanced candidate, University of Lisbon – Faculty of Law, Researcher at the Ludwig-Maximilians-Universität-München

ABSTRACT

This comparative study examines the constitutional frameworks of secularism in India (1950) and Brazil (1988), analyzing how these democracies navigate religious pluralism amid divergent historical traumas. Emerging from colonial partition and authoritarian rule, respectively, both constitutions enshrine secular principles yet adopt distinct approaches: India’s pluralistic model accommodates religious diversity through faith- based personal laws and judicial doctrines like the Essential Practices test, while Brazil’s uniform citizenship rejects differentiated rights, prioritizing formal neutrality. The analysis reveals that India’s constitutional secularism, shaped by post-colonial imperatives, balances religious autonomy with state- driven social reform, yet risks entrenching communal divisions through legal pluralism. Whereas Brazilian post-authoritarian secularism achieved an uniform civil law and a constitutional system of maintaining formal neutrality as fundamental right. Methodologically combining doctrinal analysis and historical contextualization, the study demonstrates that both models reflect their societies’ unique trajectories. The comparison highlights inherent tensions: how can legal pluralism coexist with equality in deeply religious societies; and whether formal neutrality suffice to counter informal hierarchies. The findings suggest constitutional secularism’s success hinges on contextual adaptability, judicial vigilance, and societal commitment to reconciling universal rights with cultural particularities. Ultimately, India and Brazil exemplify secularism’s dual role as both a shield against past oppression and a contested arena for democratic renewal in pluralistic societies.

Keywords: Constitutionalism, Secular State, Religion, Fundamental Rights.

BETWEEN PLURALISM AND NEUTRALITY- A COMPARATIVE STUDY OF CONSTITUTIONAL SECULARISM IN INDI.

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