ABSTRACT

This chapter explains the constitutional, statutory, and judicial framework of India's religion-state relations, and the unique balance that is found in that framework between secularism and freedom of religion—namely that, in India, the law of the land determines the scope of religion in society; it is not religion that determines the scope of the law. The chapter also explains the foundational role India's Constitution plays in its religion-state relations and briefly looks into the legislative enactments and governmental mechanisms relating to or having a bearing on religious matters. It illustrates how the courts have interpreted India's concept and principle of secularism and religious freedom. Constitutionally, India is a secular nation, but any "wall of separation" between religion and state exists neither in law nor in practice— the two can, and often do, interact and intervene in each other's affairs within the legally prescribed and judicially settled parameters.