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Part VII Rights—Substance and Content, Ch.49 Secularism and Religious Freedom

Ronojoy Sen

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 December 2023

This chapter examines tensions arising from the constitutional provisions with regard to secularism and freedom of religion in India. In particular, it considers Articles 25, 26, and 28 of the Indian Constitution and how the Indian Supreme Court has dealt with cases relating to these Articles. After providing an overview of the Essential Practices doctrine as used by the Supreme Court to distinguish between the secular and religious, especially in the case of Hinduism, the chapter considers the Court’s position on the right to teach religion in educational institutions. It argues that Indian secularism, as interpreted by the courts, has failed to entirely live up to what the framers of the Constitution envisioned it to be.

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