Secularism is part of the basic structure of the Constitution
POLITY – JUDICIARY
23 SEPTEMBER 2025
- The Supreme Court of India recently reaffirmed that secularism is a fundamental principle and part of the basic structure of the Constitution of India.
- The need arose from a misguided petition that sought to communalise a moment of celebration for all Indians.
- The Karnataka government had invited International Booker Prize-winning Kannada writer Banu Mushtaq, who is Muslim, to inaugurate the Mysuru Dasara festival at the Chamundeshwari Temple — which she did on 22nd September 2025.
- This festival, a State-sponsored cultural event that is not purely religious, serves as an occasion for all communities to come together and share in the joy of the festival.
- The petition filed in the Court alleged that Ms. Mushtaq’s participation violated Articles 25 and 26 of the Constitution, which guarantee freedom of religion.
- The Supreme Court rightly dismissed the petition, clarifying that the Dasara festival is a State event, not a private religious ceremony.
- The Court emphasised that the State cannot discriminate based on religion when organising public events and questioned whether the petitioner had even read the Constitution’s Preamble, which unambiguously promotes equality and secularism.
- The Karnataka High Court had previously upheld the government’s decision, stating that a person of one faith participating in the events of another does not violate anyone’s constitutional right.
- The constitutional right to practise and profess religion cannot be interpreted as a right to restrict others from participating in a faith’s practices.
