Secularism loosely means the separation if state and church. Most modern democracies chose to be secular by not folliwing the church in the government processes. In India, secularism is guaranteed in the Constitution by providing the principles of equality. The chapter on fundamental rights begins by stating the equality clause followed by spelling out that there shall not be discrimination on the basis of religion. Further, the freedom of religion is provided and certain rights are given to the religious minorities. The term 'secular' was not used initially in the preamble as the franers of the Constitution felt that the Constitution is already secular in nature and there is no need to mention the term. Following the Babri masjid demoltion, the Supreme Court observed that secularism is the basic structure of the Constitution and thus its inalienable part. An attack on the secular nature of the Constitution would be an attack on the very principles that the countty is based on. Secularism means thar the State shall not promote one religion at the expense of another, it means that the religious practices of one religion shall not be forced upon in government offices. Though the Constitution gave certain rights to religious and linguistic minorities to establish and administer their institutions, it does not take away the secular structure of the Constitution, rather they are are a safeguard to protect different cultures from being lost in the tide of majority. Secularism is a concept that taljsbof protection of all and not promotion of the majority. It is the badic structure of the Constitution and it needs to be cherished.
Please let me know, What is the difference between due process and procedure established by the law?
ReplyDelete'Procedure established by law' means the procedure as laid down in an enacted law. The 'due process of law' clause is taken from the Vth Amendment of the US Constitution, the 'due' in the clause is taken to mean just, proper or reasonable which subsequently means that the procedure cannot be unfair, arbitrary or unreasonable.
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