Why in News:SC reaffirmed secularism as part of the Basic Structure while dismissing a plea against Muslim author Banu Mushtaq inaugurating the State-sponsored Mysuru Dasara festival.
Context
1. Supreme Court dismissed petition opposing Banu Mushtaq inaugurating Mysuru Dasara festival.
2. Reaffirmed secularism as part of Basic Structure.
3. Petition wrongly invoked Articles 25 & 26.
4. Karnataka High Court earlier upheld inclusivity.
5. Highlights recurring attempts to test constitutional ethos.
Constitutional Perspective
1. Preamble ensures equality, liberty, fraternity → basis of secularism.
2. Articles 25–26 give freedom of religion but not right to exclude others.
3. Article 14 guarantees equality before law.
4. Kesavananda Bharati (1973): Secularism part of Basic Structure.
5. Restricting participation violates constitutional morality.
Judicial Stand
1. SC: Dasara is a State-sponsored cultural event, not purely religious.
2. Participation across faiths does not erode religious freedom.
3. Questioned petitioner’s understanding of the Constitution.
4. Reinforced that the State cannot discriminate on religious grounds.
5. K’taka HC: No violation when one faith joins another’s celebrations.
Societal Significance
- Indian festivals historically promote unity in diversity.
- Shared spaces break social and caste barriers.
- Restriction fosters division in pluralistic society.
- Cultural events serve as tools of integration.
- Coexistence strengthens national identity beyond religion.
Concerns
- Attempts to communalise inclusive spaces.
- Political opportunism exploiting identity.
- Misuse of religion to challenge constitutional rights.
- Risk of normalising exclusion in public life.
- Undermines secular and democratic values.
Way Forward
- Reinforce secular ethos in governance.
- Ensure legal accountability for divisive petitions.
- Promote inclusive participation in state events.
- Educate citizens on constitutional values.
- Strengthen the judiciary’s role as guardian of secularism.
Conclusion
Secularism is not passive neutrality but an active safeguard of inclusivity. Public events must reflect unity in diversity, upholding the Basic Structure of the Constitution.
UPSC Relevance
GS Paper II (Polity & Governance):
- Basic Structure doctrine – reaffirmation of secularism.
Mains Practice Question
Q. “Secularism as part of the Basic Structure is not just a legal principle but a societal necessity.” Discuss with reference to recent judicial reaffirmations.