Assistant Professor at Birla Global University, Odisha, India
India, a diverse and culturally rich nation, has long grappled with the delicate task of maintaining secularism while respecting the deeply held religious sentiments of its people. At the core of this endeavor lies the pivotal role of the judiciary in interpreting and applying the principles of secularism within the framework of the Indian Constitution. This research paper delves into the intricate relationship between secularism and religious sentiments in India and examines the multifaceted role of the judiciary in navigating this complex terrain. This research paper explores the nuanced interplay between secularism and religious sentiments in India and investigates the pivotal role of the judiciary in shaping and maintaining this delicate balance. The paper hilightened the inherent diversity and pluralism within Indian society and the framers' intent to create a secular state. It examines the concept of secularism within the Indian Constitution, tracing its evolution and the key provisions related to religious freedom and equality. This research paper delves into the critical role played by the judiciary in interpreting and applying these constitutional provisions. It analyzes landmark cases and judicial decisions that have defined the contours of secularism in India, particularly those that involve sensitive religious issues and sentiments. The paper also explores instances where judicial interpretations have been both lauded and criticized for their impact on minority and majority religious communities. Furthermore, this paper addresses the complexities of balancing secularism with religious sentiments in a diverse nation like India. It discusses how the judiciary has often acted as a guardian of individual rights and a protector of secular values, but also how its decisions can sometimes be perceived as favoring certain religious groups. It offers insights into the broader implications of judicial decisions on the secular fabric of the nation and underscores the importance of a well-balanced and impartial judiciary in upholding the ideals of India's constitutional framework.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 900 - 930
DOI: https://doij.org/10.10000/IJLMH.115816This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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