#legalnotes

Secularism plays an important role in a democracy like India. It is very much effective in the social economic and political development of the country. It allows its citizens to propagate the religion of their choice and does not impose to follow any particular religion.

India is a Secular State

The Preamble of the Indian Constitution clearly speaks about the volume of secularism embedded in it. The Preamble says," We the people of India, having solemnly resolved to constitute India into Sovereign, Socialist, Secular, and the Democratic Republic". The word secular has been inserted in Preamble by the 42nd amendment act 1976, which is indeed merely to spell out clearly the concept of secularism in the constitution.

Explaining the secular character of Indian constitution the Supreme Court said, "There is no mysticism in the secular character of the state. Secularism is neither anti-God nor Pro-God, it treats like the devout, the antagonists and the atheist. It eliminates God fro the matters of the state and ensure that no one shall be discriminated against on the ground of religion. The state can have no religion of its own. It should treat all the religion equally. In a secular state, the state is only concerned with the relation between man and man. it is not concerned with the relation between man and God.  it is left to the individual's conscience."

Value Based Education in school and Violation of Secularism

The views are far and against the theory, whether value-based education shall not violate secularism or not. This is general speculation that education pause everywhere, as it provides civilisation to the human being. Education people is a positive aspect of society. But educating a particular class on a particular subject shall discriminate people from people in one society causing adverse effects to the Indian democracy. That is why the religious education is prohibited at the school and college levels as it will violate constitutional provisions of secularism embedded in the Indian Constitution.

Prohibition of religious instruction in the state-aided institution

Art 28 of the Indian Constitution says that no religious instructions shall be imparted in any educational institution maintained by the state fund. But this clause shall not be applicable to an educational institution which is administered by the state but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

In Aruna Roy vs Union of India: The Supreme Court held that art 28 is not agonist the concept of secularism. Art 28 of the constitution is against imparting religious instructions or of performing religious worship. It does not prohibit the study of religious philosophy and culture particularly for having value based social life in society degenerating for power post or property. In a society where there are normal values, there would be neither social order nor secularism.  Religion is the foundation of value-based survival of human being in civilised society.