Secularism in India in the Modern Age: Constitutional Foundations, Judicial Interpretations, and Contemporary Challenges

Abstract
Secularism is a unique and controversial principle of India’s constitutional framework in the field of comparative constitutional law. Secularism in India, the result of a process of gradual evolution over seven decades resulting from judicial interpretation, legislative struggle, political unrest and a democratic history of plural civilizations, is a distinctive characteristic.Secularism is a distinctive feature of the history of India which has developed over the past 70 years, sometimes at a snail’s pace, through judicial interpretation, legislative debate, political and has codified through a careful constitutional structure. The paper explores the underlying philosophy and history of Indian secularism, its institutional framework as provided in the Constitution, the landmark judgments of the Supreme Court spanning the initial years of the post-colonial state to the most recent ones that are currently being argued in Parliament, and major issues that confront the secular ideal today in the wake of the erosion of outlawing communism, the Ayodhya verdict, the Citizenship Amendment Act 2019, and the Waqf Act (Amendment) 2025. Drawing upon the works of seminal scholars as well as primary constitutional and judicial sources, this paper argues that Indian secularism represents both a success and a limitation. While it reflects the influence of Western liberal constitutional ideals, its implementation has encountered significant challenges. Consequently, Indian secularism should be understood not merely as a successful constitutional transplant or a failed. experiment, but as an evolving and contested constitutional commitment. It remains a dynamic and unfinished project that requires continuous preservation, reinterpretation, and refinement in order to effectively respond to the changing social, political, and constitutional challenges of the contemporary era.

Keywords: Secularism, Indian Constitution, Basic Structure Doctrine, Judicial Interpretation, Ayodhya, Waqf Amendment Act 2025, Fundamental Right.

BIBLIOGRAPHY

A. Primary Sources

Constitutional Provisions

The Constitution of India, 1950 (as amended), Articles 14, 15, 16, 25-30, 44, 51A.

The Constitution (Forty-Second Amendment) Act, 1976.

Legislation

Citizenship (Amendment) Act, 2019 (No. 47 of 2019).

Muslim Women (Protection of Rights on Divorce) Act, 1986.

Representation of the People Act, 1951.

Waqf (Amendment) Act, 2025 (No. 14 of 2025).

Cases

Bijoe Emmanuel v. State of Kerala, AIR 1987 SC 748.

Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar, AIR 1954 SC 282.

Daniel Latifi v. Union of India, AIR 2001 SC 3958.

Justice K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1.

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Sarla Mudgal v. Union of India, AIR 1995 SC 1531.

S.R. Bommai v. Union of India, AIR 1994 SC 1918.

Stainislaus v. State of Madhya Pradesh, 2 SCR 616 (1977).

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In Re: Waqf (Amendment) Act, 2025 (Pending, Supreme Court of India).

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Yildirim S, ‘Expanding Secularism’s Scope: An Indian Case Study’ (2004) 52(4) The American Journal of Comparative Law 901.

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