AMU Case - 7(b)th Point

In 1981, amendments providing the University to mean the educational institution of their choice established by Muslims is also against secularism as enshrined in the Constitution. The post below explains this. 

Green coloured countries States with no state religion. Red coloured countries are States with state religion. Light grey coloured countries are ambiguous states or no data - Picture courtesy Wikipedia.

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

The word ‘Secular’ was not part of the original constitution. It was inserted in the preamble by the 42nd Constitutional Amendment wef 03-01-1977. This does not mean that the original Indian Constitution was not secular in nature. PB Gajendragadkar J. in his Kashinath Trinbak Telang Endowment lectures titled ‘Secularism and Constitution of India’ (relevant pages 51 to 53 are attached as Annexure-D) (at page 52) explains,

“Omission was not accidental but was deliberate. It seems to me that the Constitution makers were apprehensive that the words ‘secular’ and ‘secularism’ were used in suitable places in the Constitution, they might unnecessarily introduce, by implication, the anti-religious overtones associated with the doctrine of secularism as it had developed in Christian countries.  ...

The Indian concept of Secularism recognises the relevance and validity of religion in life but seeks to establish a rational synthesis between the legitimate functions of religion and the legitimate and expanding functions of the state.”

Nevertheless, secularism always was and still is a basic feature of the Constitution. 

Granville Austin in his ‘Working A Democratic Constitution: The Indian Experience’ points out (at page 557) its evolution:  

"The gravest danger to unity and integrity came from four 'isms': Casteism, Communalism, Linguism, and provincialism/ regionalism. Frequently, these were treated as a compound named 'Communalism'. The antidote to, and the cure for, communalism was yet a sixth 'isms', 'secularism'.  This desirable condition of society was understood to mean a low level of consciousness of partisanship in one's own 'community', and consequent tolerance of other 'communities'. Thus, it was much broader than Hindu- Muslim amity, of which 'communalism', by another definition, was the antithesis.”

The trinity of “secularism, equality fairness’ is a golden thread that not only runs through but also binds the Constitution. Chinnappa Reddy J. in his book ‘The Court and the Constitution of India’ explains how this thread is made of Articles 5, 13 ensuring different freedoms under part-III, 44, 51-A(e) of the Constitution. One of the sub-headings (at Pg 156) of the same is ‘Indian Secularism, Not Supportive of Religion’. Here the point made is that our Constitution supports all religion and not any particular religion: this is important. 

This is also clear by observations of Sawant J. and BP Jeevan Reddy J. in SR Bommai v. Union of India 1994 (3) SCCC 1, 

"religious tolerance and equal treatment of all the religious groups ... an essential part of secularism enshrined in our Constitution" Sawant J (para-151 Pg-147.

“while the citizens of this country are free to profess, practise and propagate such religion, faith or belief as they choose, so far as the state is concerned, i.e., from the point of view of the state, the religion, faith or belief of a person is immaterial. To it, all are equal, and all are entitled to be treated equally.” BP Jeevan Reddy J. (para 304 Pg-232).

The State may and can start departments in the institutions or establish institution to study any culture or language, but it may not establish any religious institution as it would be discrimination on the basis of religion—direct violation of Article 15. Any such provision is liable to be struck down.

#AMU #AligarhMuslimUniversity #MuslimReservation #Secularism