Judicial Advisement on Secularism in India and USA- A Comparative Study

Abstract

The framers of Indian Constitution endorsed the fundamental belief that the government should not meddle in issues that are primarily religious in nature, neither should it support any specific religion, nor should it show preference or bias towards any specific religion. Therefore, with 42nd Constitution Amendment Act of 1976 the word "secular" was introduced to preamble, stating that "India is a sovereign, socialist, democratic, republic and secular." It highlights the reality that India has no official religion. Additionally, the state will acknowledge and respect all religions without favoring any one in particular. In the United States, the establishment clause in the first amendment to the USA Constitution has been vividly portrayed as establishing a barrier between the Church and State. In this paper, the authors will discuss existence of secularism in both Nations and a comparative analysis shall be conducted related to provisions establishing secularism in India and USA.