Secularism as Basic Structure: Supreme Court Reaffirms

Why in the news

The Supreme Court restated that secularism is inseparable from the Constitution’s basic structure, in a case over writer Banu Mushtaq, a Muslim and International Booker Prize winner, opening the Mysuru Dasara festival at Chamundeshwari Temple.

Key facts

• Origin of the doctrine: Kesavananda Bharati v. State of Kerala (1973); it is judge-made and not named in the Constitution.
• Core features cannot be amended or destroyed, even by Parliament under Article 368.
• Religious freedom: practise, profess and propagate under Articles 25-28.

Indian secularism

• Equal treatment: no preference for any faith.
• Neutral state that may still regulate practices for public order, morality and health.
• Protection of minority rights.

Basic structure features

• Constitutional supremacy, rule of law, separation of powers, Fundamental Rights, judicial review, democracy and secularism.

Exam angle

• Doctrine-creating case: Kesavananda Bharati (1973).
• Religious freedom Articles: 25 to 28; amending power: Article 368.