Question 1 · 333 words written
Opening · a definition
Secularism, in the Indian context, means equal respect to all religions. It implies that state will promote all religions equally.
Body · points
Secular values reflected by Constitution
(1) 'Secular' term added to Preamble by 42nd Amendment Act. → It before this secularism was implicit in the constitution (2) A14 'Right to Equality' ensures all persons are treated equally. (3) A15 prohibits discrimination on the basis of religion (4) A25 - A28 provide freedom of religion (profess, practice and propagate) in the society. (5) A 44 states that State shall implement a Uniform Civil Code.
Despite constitutional provisions regarding secularism, it faces challenges like:
(1) rising communalism and targeting of minorities Eg. North East Delhi riots (2020) (2) conflict between personal laws and A14, A15 Eg Triple Talaq (3) majoritarianism threatens minorities full expression → linguistic minorities i.e. not speaking Hindi
Thus, in order to protect the 'positive secularism' provisions and implement it, citizen awareness and tolerance for diversity is essential in Indian society.
India : essential federal features
(1) Independent judiciary i.e. courts are free from legislative and executive interference → SR Bommai case (2) 7th Schedule of Constitution : provides separate 'state list' for states → subjects like land, police completely under states in normal circumstances. (3) Under A 368 certain amendments need special majority and ratification from half state govts → GST law, 7th schedule (Constitutional rigidity) (4) Written constitution safeguards powers of the state (5) Constitutional supremacy as reiterated by courts in Kesavananda Bharati case protects basic structure (federalism is its part)
Yet, experts call Indian constitution quasi-federal or unitary.
(1) Emergency provisions (Part XVIII): Centre can take full control of states under President Rule (A356) (2) Constitutional flexibility - boundaries, name of states under Article 3 can be changed by law i.e. simple majority (3) Under A254 (Doctrine of Repugnancy) any conflict between state and central law, latter prevails
Close · a summary
Thus, the Indian constitution is an 'indestructible union of destructible states' and the balance of power is tilted in favor of Union.