SH. A.S. NARAYANA DEEKSHJTULU ETC. ETC. v. STATE OF ANDHRA PRADESH AND ORS.

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A reality of the relationship as a communion of persons. It is not enough to insist that human nature is essentially social, since society may take any of these forms. What makes the society real is that the relations between the persons concerned are essentially religious, that is to say, grounded in mutual communion, and the equality which this implies. For without equality, there can be no B mutuality. I do not mean, of course, that in a true society organic and material relationships between persons are non-existent, but only that they are dependent relations falling within and grounded in the relation of friendship. The material and the organic are unreal in independence. Their reality lies in their dependence upon c the personal and their inclusion within it."

The author very beautifully describes the experience of God thus :

D "The dualism of mind and matter reflects itself all too easily in the dualism between secular and sacred, natural and supernatural, the human and the divine. The result is that we think of God as isolated from the world and, therefore, that the religious life involves a turning away from man to God, from this world to another world, so that religion becomes something apart, instead of the fundamen- E tal activity of human life. But now, having made that point clear, I should like to indicate in closing how essential to the view that I have outlines is the idea of God. All experience at any level is the experience of the finite in the infinite. Even a triangle, as Spinoza pointed out, can only be seen, or imagined, as a limitation of infinite space. At the material level, we apprehended all materials objects as finite and dependent upon the material infinite. This is not matter of reflection but of immediate common experience. Similarly we apprehend all organisms as finite dependents of infinite life. And when we come to the personal field it is not different. I have already insisted that our apprehension of our dependence upon what is not ourselves. We can now see that it is an apprehension of our own dependence and the dependence of all other finite persons upon infinite personality. God as infinite personality is the primary natural experience of all persons. One might almost say, if it were not for the traditional limitation of our use of language, that God is the first perception."

I A.S.N. DEEKSHITULUv. STATE [K RAMASWAMY, J.] 585

The experience of God is not simply a transcendental doctrine A (theologia transcendentalis), it is not simply an unregulated usage of satis- faction of the intellect but is an affirmative experience. Even Kantian believers who conceive God as supreme and absolute perfection, find in Indian philosophy that religion is not the subject matter of inclusion or exclusion by the process of rational psychology but the subject matter of human experience. On the conception of God as supreme and absolute perfection in a brilliant summary of Kant's philosophy Frederick Coples- ton, S.J. in Volume VI; (A History of Philosophy) says :

"We have, therefore, three principal Ideas of pure reason, namely, the soul as permanent substantial subject, the world as the totality of casually related phenomena, and God as absolute perfection, as the unity of the conditions of objects of thought in general. These three Ideas are not innate. At the same time they are not derived empirically. They arise as a result of the pure reason's natural drive towards completing the synthesis achieved by the understanding. D This does not mean, as has already been mentioned that the pure reason carried further the synthesizing activity of the under- standing considered as constituting o~ects by imposing the a priori conditions of experience known as the categories. The Ideas of pure reasons are not 'constitutive'. But the reason has a natural drive towards unifying the conditions of experience, and this it does by proceeding to the unconditioned, in the three forms already mentioned. In doing this it obviously passes beyond experience. Hence the Ideas of the pure reason are called by Kant 'transcen- dental Ideas', though he later goes on to speak of the third Idea, that of God, as the 'transcendental Ideal'. For God is conceived as supreme and absolute peifection."

Johnson said rightly that sublimity is produced by aggregation and not by dispersion. In that lies a great truth. It must not be forgotten that all rituals ultimately are only means to the state of knowledge. Thus seers and thinkers have in fact reduced rituals to the bare minimum and some- G times even decried them because a non-essential adherence to them is only bound to be an obstacle or impediment in the attainment of true knowledge. It would be very useful to note that if religious experience is an internal experience, rituals beyond evoking the necessary environment and atmosphere and as it were painting sea scape of purity must yield to H

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A the unrelenting pursuit of true knowledge which is identical with true religious experience. The pursuit of knowledge, the knowing of the being, ever has been described by eminent philosophers as incapable of sustaining observance of rituals. The belief is that observance of rituals and the devotion to true knowledge cannot co-exist.

B Shri Acharya Pada in the Sarva Vendantha Sidhanta shlokas 857-862 says: '1Hf16Clm<'1«"1 ~ q;<i!qg"'ld I 4>4"0i111f111dl41 'i fu"lftl ~:II 'ffi'R f'l<"Oiiti!ll<( "'1lf'lf::I ~:I c '!'d&l)•U<'11'(1f ,..,f -.,ri f<ttif\lUl'i,11 ~l«<!il ~ -.,ri ,..,f ~I 31'111'{'14> ,..,f '111'<1'4111 ~II -.,ITT q;lfait 'l)1J: ~ fu"lftl ~I -mm ;; ~ <I'll ~ Olll't:l I D f111~);4q4)>1{fq ~ '1H4>4•n II ft" . ~: SO f,f<' ll1: Sltf-qjq!f4t1: ii tj(.11Cfl.,'(I 'lll'lif>" ~ ~: q;;fj1rr <ftnmT 11

Gyan nistha tatparasya nait karmopyujyate Karmano Gyan nishthatahaya na sahsthiteh E Paraspar Birudhyatwat Tayor Bhinna Swabhhbaiyoh Kartitwa Bhawana Purbam karm gyanam vilakshanam Dehatma-bvudherbichhitye gyanam karm Bibridhaye Agyanam Mulakam Karm Gyanantu bhai nashkam. Gyanen karmano yogah katham sidhyati berina F Sahyogo na ghat ate· ya tha timirtejsoh Nimeshonmesyorwape tatheb gyan kannnoh Pratichi Pashyatah punshah kutah prachibeloknam Pratyam Pravamchittasya Kutah Karmani yogyata.

(When the mind becomes motionless, in that case, the life also G becomes unmovable. Hence the yoga with meditation should be practised for the control of chita (mind). One devoted to the pursuit of knowledge no longer remains fit for action. The co-ex- istence of knowledge and action is not to succeed. Due to their being mutually contradictory in nature, involvement in action with H a sense of self-performance causes the absence of knowledge. But

! A.S.N. DEEKSHITULUv. STATE [K. RAMASWAMY, J.] 587

the renouncement of the sense of bodily-self, goes for the promo- A tion of knowledge. The action and knowledge emanating from the ignorance, are destroyers of both. How there can be the union of knowledge and action inasmuch as they are incompatible? It is impossible to conjure darkness and light together, one at the same time. The knowledge and action cannot be combined. Likewise B one cannot keep one's eyes closed and open at the same time, one who is looking western side, cannot see towards eastern direction. Wherefrom there can be the competence for work or action when one's heart and soul is set on the devotion of knowledge in opposite direction.) c It thus follows that to one who is devoted to the pursuit of knowledge, the observance of rituals is of no use since the observance of ritnals and the devotion of knowledge cannot co-exist. There is considerable incom- patibility between knowledge and rituals inasmuch as their natures are entirely antithetical. It is only he who regards himself as the agent of action that can perform the rituals; but the nature of knowledge is altogether different and it dispels all such ideas. All the wrong ideas beginning with the identification of self with the physical body etc., are eradicated by knowledge, while they are reinforced by action. Ignorance of Atman is at the root of action, but the knowledge of Atman destroys both. How is it possible for one to perform the prescribed rituals while engaged in the pursuit of knowledge inasmuch as they arc incompatible! It is as much impossible as the co-existence of light and darkness. One cannot keep one's eyes open and closed at the same time. It is equally impossible to combine knowledge and rituals. Can one who is looking westward look eastward ? How is one whose mind is directed towards the innermost Atman fit to take part in external activities ?

In the celebrated Gitabhashya (XVIII-55) Sri Acharyapada says :

'! fir ~ ~: lllfd<.'11<41 G ll<'*Ht'.!li f"'l•if'l:J"ll <fl1Fl'lf>Tlq ~I "IR"l'1R'l f•Willtoltt<iH11'1<6<•1f'lf-1~'iilil~'1=11"'f,'""3~1ii "<ill "'!! !itol<ru'j~ Tfll'lllll. 'l>'fo1I flll'Ufct~1 ~I q*if14q4j Rqj"'""'" flm"I: S1q101fct•:i f.!f5<1:1 <l<i'llll ~-Wou ~ ;IAf.rooT q;rqf ~ ~I H

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A Na hi purbsamudram jigmisoh Pratilomyen Pratyaksamudram Jigmisuna Saman Margtwam Sambhati. Pratyagatma-bisai-Pratyaya santan karmabhinibeshashch Gyannistha, Sa cha Pratyaksamudragamanvat Karmana Sahvabitwen birudhyati. Parbat Sarsapyoribantarbani birodhak Pramanwidam Nishchitah. B Jasmat Sarbkarmsanyasenaib Gyananisthakarya iti sidham.

The meaning being :

"He who wishes to reach the eastern ocean should not indeed travel in the opposite direction i.e. by the same road as the one chosen by the person who wishes to go to the western ocean. And the c devotion to knowledge consists in an intent effort towards main- taining a continuous stream of the consciousness of the Inner self. There would be contradiction if it were to be conjoined with ritual which is like going towards the western ocean. It is a firm convic- tion of experts in the pramanasastra that the difference between D the two is as wide as that between a mountain and a mustard seed. Hence the conclusion that the devotion to knowledge is to be adhered to only by renouncing all action." 't

The truth of religious experience is that true knowledge is an indica- E tion of a complete understanding of contradictions, just as physics, which means study of simple things, yet appears to be a complicated subject. A beautiful illustration finds place in Richard Dawkins's passionate (Dar- wanian) book named "The Blind Watchmaker" :

"I said that physics is the study of simple things, and this too, may seem strange at first. Physics appears to be a complicated subject, because the ideas of physics are difficult for us to understand. Our brains were designed to understand hunting and gathering, mating and child-rearing; a world of medium sized objects moving in three dimensions at moderate speeds. We are ill-equipped to com- prehend the very small and the very large things whose duration is measured in picoseconds or gigayears, particles that don't have position, forces and fields that we cannot see or touch, which we know of only because they affect things that can see or touch. We think that physics is complicated because it is hard for us to understand, and because physics books are full of difficult mathe- H matics. But the objects that physicists study are still basically simple

; A.S.N. DEEKSHITULUv. STATE [K. RAMASWAMY, J.] 589

objects. They are clouds of gas or tiny particles, or lumps of uniform matter like crystals, with almost endlessly repeated atomic patterns. They do not, at least by biological standards, have intri- cate working parts. Even large physical objects like stars consists of a rather limited array of parts, more or less haphazardly ar- ranged. The behaviour of physical, non-biological objects is so simple that it is feasible to use existing mathematical langllage to describe it, which is why physics books are full of mathematics."

No wonder, the concept of justice too based on a sense of equality, whether distributive or corrective, always carries with it a connotation of a sacred and religious dispensation. If ultimately the Atman which resides in all beings is that one auspicious and pure which alone remains over, there can be no manner of doubt that all beings are necessarily equal. The Atman, irrespective of the body and its temporal abode with attendant of earthly appellations, is the same for all It is described by Shri Shri Acharyapada in the opening verse of the Dasasloki : D 11;0i ~sef>1<'4qfei\,~ Ri~l('iiA ~ f'l>1foqf<IM: ~. ii/g>l<"l4<><1W<H f'l~)qf1uf4141~ _q•iqi'llql<f:- + " 'lfil'I <IT<i " 1f.;it " errs- "~ ~ o;i ..,., "ff-qi ll'W'' E "'"' <fil"'4 mTRI ~~:WI: ~~II - ~

AI'barn Samanyatoahan Pratyayasidhe Chidatmani vadivipratipattebhih samdidhe, aham pratyayasalarnbam Visheshnirnayayah Vagwanacharyah : F Na Bhumirna Toyam Na Vayur na Kham Nendriyam Na Tesham Samuhah. Anekantikatwatsushuptyek Sidhah Stadekkobashishtah Shivah Kewaloham.

"I am neither the earth, nor the water, nor the fire, nor the air, nor G the space, nor any organ, nor their aggregate, because they are variable by nature, while Atman is that whose existence is proved by the unique experience of deep sleep. I am that One, Auspicious and Pure which alone remains over.

The concept of'dharma' has been explained by Justice M. RamaJois H

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\ A in his Legal and Constitutional History of India (Vol. I) at pages 1 to 4 thus:

"Mahabharata contains a discussion of this topic. On being ques- tioned by Yudhistira about the meaning and scope of Dharma, Bhishma stated : B omitS>!lf:llliJil 'l:i ~: p: I ~: Slfdti&llg mi;r C!jq\4fd II 11~ 'iOAi ~ Jl!f'R'i ~I 'I: <>1ia>1>tqti'.:1"'1:" ~ f.!lll'l:ll c ~ ~'llftil f<i'lil!: llOIT: I 'I: "<4lGR"J ~: ll ~ <fu f.! Ill'!: 11 Tadrishoayarnanu Prashno yatra Dharmah Sndurlabhah Duskarah Pratisarnkhyatum J atkenatra Vyavasyati D Prabhavarthai Bhutanarn Dharmapravachanam Kritarn.

Yah Syatpravabe Sanyuktah sa Dharma !ti Nishchayah. Dharnatdharmamityahur Dharman Vidhritah Prajah. Yah syatdharma sanyuktah Sa dharma !ti Nishchayah.

E It is most difficult to define Dharma. Dharma has been explained to be that which helps the upliftment of living beings. Therefore that which ensures welfare (ofliving beings) is surely Dharma. The learned rishis have declared that which sustains is Dhrama.

Taittiriya Samhita states : F ,itjj ~'JR"! Oflm: 1lfiroaT I ~ ~ Jl;;iJ 34Q4f'<ll ~ q1qq~l~fd I qif ~ ~fdfi<3<1'{1 G ~Wl~ll Dharma Vishwasya J agatah Pratistha Loke Dharmistharn Praja upsarpanti Dharman Paparnapnudati Dharme Sarban Pratisthitarn H Jasmad Dharman Pararn Badanti.

I A.S.N. DEEKSHITULUv. STATE (K. RAMASWAMY, J.] 591

Dharma constitutes the foundation of all affairs in the world. A People respect one who adheres to Dharma. Dharma insulates (man) against sinful thoughts and actions. Everything in this world is founded on Dharma. Dharma, therefore, is considered supreme.

Jaimini 1.2 : B <Ifu f.!: ~ :i<"i <i'.i"tt>1ffi ~fa"li94~ I oef"llfr<rff ~JJl1lirs-.:ir "11:11 Sa hi Nihshraisen Purusam Sanyunakteeti Pratijanimahe Tadabhidheeyate Chodana Lakshanartho Dharmah. c Dharma is that which is indicated by the Vedas as conducive to the highest good.

Madhavacharya, the Minister to Hakka and Bukka, founder kings of Vijayanager Empire, in his commentary on Parashara Smriti, D has briefly and precisely explained the meaning of Dharma as follows :

31~ f.!:~ m~ >m'1fu ~ "11:1 <! 'ii <'l!l:l"l ~41'11"4i '1~~'11'1.~0<lq""'l'lfu: Ii E Abhyudaya Nihshraise Sadhantwen Dharayate - Iti Dharmah. Sa Cha Lakshan-Pramabhyam Chodanasutrairvyavasthapitah.

Dharma is that which sustains and ensures progress and welfare of all in this world and eternal bliss in the other world. The Dharma p is promulgated in the form of commands.

Therefore, Dharma embraces every type of righteous conduct cover- ing every aspect of life essential for the sustenance and welfare of the individual and the spciety and includes those rules which guide and enable those who believe in God and heaven to attain moksha (eternal bliss). G Rules of Dharma are meant to regulate the individual conduct, in such a way as to restrict the rights, liberty, interest and desires of an individual as regards all matters to the extent necessary in the interest of other in- dividuals, i.e., the society and at the same time making it obligatory for the ·"Society to safeguard and protect the individual in all respects through its H

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\. A social and political institutions. Shortly put, Dharma regulates the mutual obligations of individual and the society. Therefore, it was stressed that protection of Dharma was in the interest of both the individual and the sodety. A ' State of Dharma' was required to be always maintained for peaceful co-existence and prosperity of all. B Though Dharma is a word of wide meaning as to cover the rules concerning all matters such as spiritual, moral and personal as also civil, criminal and constitutional law, it gives the precise meaning depending upon the context in which it is used. When Dharma is used in the context of duties of the individual and powers of the King (the Stale), it means C constitutional law (Rajadharma). Likewise when it is said that Dharmarajya is necessary for the peace and prosperity of the people and for establishing an egalitarian society, the word Dharma in the context of the word Rajya only means law, and Dharmarajya means Rule of Law and not rule of religion or a theocratic State. Dharma in the context of legal and constitu- D tional history only means Vyavahara-dharma and Rajadharma evolved by the society through the ages which is binding both on the king (the ruler) and the people (the ruled).

In "Religion and Society in Ancient India" Prof. Om Prakesh (1985 E Edition) has stated that the concept of dharma aims to maintain orderly society regarding every human being as the creation of God and treating him on a footing of equality. The last rhyme of the Rig Veda throws light on-the Rig Veda concept of dharma laying down 'that all human beings should move together, speak together and their minds be of one accord' . .,.,,..,.,; wf<:;ui M'1q11f<i '"1'1'ffl'l!I W 'lT'T ~ ~ ~ (Samga- F chhdhwam Sambaddwam Sambo Manasi Sanatnain Deva Bhagan Yathaturbe Sanjananam Upasate - _Rv. X, 191, 2) At page 5, he states that the concept of dharma was not static. Its content changes with the changing contexts of time, place and social environment. Dharma is that which holds together all living beings in a harmonious order. Virtuous conduct contribute to social welfare and vice is its bane. In the Sutra literature both these aspects of dharma are discussed under four sections which he elaborated in his boo~. At page 8, the author states that "the above discussion makes it clear that dharma in India does not force men into virtue but trains them for it. It is not a f1Xed Code of mechanical rules but a living spirit which grows and moves in response to the development of the society. Even the State

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in India is a servant of dharma. It was not above morality. Its function is A not to alter or annul dharma but only to administer it. Dharma is essential because it promotes individual security and happiness as well as the stability of the social order".

Jn "Dharma - a Legal Discipline - Select Speeches and Writings of Dr. Shankar Dayal Sharma, the present President of India (Indian Bar B Review Vol. XX (3 & 4) 1993 Special Issue) in his Centenary Speech of Swami Vivekananda in the Parliament of Religions, he emphasised "time- honoured philosophy of oneness and harmony within pluralism, the recog- nition of, respect for, and acceptance of different paths of logical and intuitive access to Absolute Truth". He reiterated what Swami Vivekananda C had said one century ago at Chicago : "We believe not only in universal toleration, but we accept all religions as true" and conciuded that "if India is to grow to her full potential as a strong, united; prosperous nation, a nation attuned to the highest moral and ethical values, true to the genius of her cultural and spiritual heritage, we shall all have to strive each day D to build harmony, justice and creative endeavour. Indeed, in a very real way, it is our duty so to strive''. He exhorted the youth of the country to be + the vanguard of that mission.

In his Dr. Zakir Hussain Memorial Lecture delivered at Visva Bharati Shanti Niketan on 29th April, 1989, Dr. S.D. Sharma stated thus : E

"We in India, however, understand Secularism to denote 'Sarva Dharma Samabhava': an approach of tolerance and understanding of the equality of all religions". ·~ F x x x x x x x

The Bhagwad Gita indicates this explicitly in the following Shlokas:

'1 'I'll 'Ii ~ ~ ""''"'"'l' G lfll ""'r"""ctf-<1 lf:I"IT= wt wro:11 Ye yatha main prapadyante temptathaiva bhajamy- aharn pama vartmuvartante manusyah nartha sarvasag

In whatever way men identify with Me, in the same way do I H

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\ A carry out their; men pursue my path, in all ways. (Bh.G.IV.11)

111111'Ii'Ii11'.i 'T<I<!: Ol'li~lfifgf~i01fol ~ ct\41<l<'ti 'll4:i m*i f<i<;~ll

Yo yo yam yam tanum bhaktah Sraddhayarcitumicchati. Tasya B tasyacalam sraddhan tam-eva vidhamy-aham)

Whatever from any devotee with faith wishes to worship. I make that faith steady. (Bh. G. : VII. 21)

This philosophical approach of understanding, co-existence C and tolerance is the very spirit of our ancient thought. The Rig Veda enjoins :

<l"'.li0ui ~ <i <it <i11f~otl'ictl'll t<ij '!l'i 'I'll '!'l ~ 01lTm) 11 D Samgacchadhvam Samvedadhavam Sam Vo Manamsi Janatam Deva Bhagam Yatha Purve Samajanna Upasate.

(Reg. Veda 10.191.2)

"Behave with others as you would with yourself. Look upon all the living beings as your friends, for ih all of them there resides one soul. All are but a part of that universal soul. A person who believes that all are his soulmates and loves them all alike never feels lonely. Divine qualities of such a person such as forgiveness, compassion and service, will make him lovable in the eyes of his associates. He will experience intense joy throughout his life".

The Yajurveda states :

~ l!T ~ '1llffOr 'l01f.! wltl\lRil'll ~ Tll\f!l '1llffOr 'l01f.! wit!\! I G ~~°lltll Mitrasaya ma caksusa Sarvani Bhutani Samiksantam. Mitrasyacham caksua sarvani Bhutani samikse. Mitrasya caksusa samiksarnahe.

H (Yaju. Veda 38.18)

A.S.N. DEEKSHITULUv. STATE [K. RAMASWAMY,J.] 595

"May all beings look on me with the eyes of a friend; May I look A on all beings with the eyes of a friend. May we look on one another "ith the eyes of a friend."

In his address "Law & Morality Sustain the world" delivered on 25th September, 1993 at the. First Convocation of the Nation Law School of India University, Bangalore, Dr. S.D. Sharma expounded the meaning of B 'dharma' thus : ·

"What does Dharma mean? The word is clearly derived from the root 'Dh.r' - which denotes : 'upholding', 'supporting, 'nourishing' - that which upholds is Dharma. In the Vana Parva of the Mahab- C harata, Verse-58 in Chapter 69 says :

(Dharma is for the stability of society, the maintenance of social order and the general well-being and progress of humankind. Whatever conduces to the fulfilment of these object is Dharma; that is definite.) D The Brhadaranyakopanisad identified Dharma with Truth, and t declared its Supreme status :

""" Olp\1<(\~4l ~ ~e.ni 4'\~<IRl~l!iq\'N( 'ITft<I I E "'"" 31ii1"1141'<kfl4i «'li<\\'ld 'llf<il 'l'll """' l!.'i '>it ~ " ~: m'4 ~ 'ffil. 6\XliajO!I ~~ <rofuil ~ m ~ moi q<;ift ~~~aq~q4 ~I F Sa naib Vyabhawatchhreyo Ruparnatyasrijat Dharmarn Jadetatkshtrasya Kshatram Yaddharmastasmad Dharmat Pararn Nasti. Atho Abaliyan Samashaste Dharmen Yatha Ragya. Aidam yo bai sa Dharm.ah Satyarn bai tat tasmat Saryam. G Badantrnahur Dharmam wa badntnam. Satyam badutityetadhyai bai tadubhayam bhawati.

"(There is nothing higher than dharma. Even a very weak man hopes to prevail over a very strong man on the strength of dharma, just as (he prevails over a wrong-does) with the help of the King. H

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A So what is called Dharma is really Truth. Therefore, people say about a man who declares the truth that he is declaring dharma and about one who declares dharma they say he speaks the truth. These two (dharma and truth) are this)" ·

A similar thought is expressed in the Ayodhya-kanda of the Valmiki B Ramayana, in verse-10, Sarga-109.

~~"~~ ri'E"iiffilltCGCfi ~ 'lifltcliCfi: ~:II

Satyamebanrishamsam ch Raj Brittam Sanatanam. c Tasmat Satyatmakam Rajyam Satya Lokah Pratisthitah.

(From the ancient times the constitutional system depends on the foundation of Truth and social sympathy. Truth is the fundamental basis of the State; indeed the whole universe rests on Truth.) D The Rig Veda states that the Law and Truth are eiernal - born of sacrifice and sublimation : +

E Ritam cha Satyam Chabhidadhat Tapsodhyajayat.

The Niti Vakyamrit begins with the statement :

311!! ">lilfil ~ "UT!!T'I '!'!: p Ath Dharmarth Falai Rajyaya Namah.

The Yajnavalkya Smriti states :

~ <'jfu m:Rm:: <"Ill!! " llwm•11 :1 <tRl'l<il( ~: q;rq) 'l<f'!<'ll<t<: ~II G Shrutih Smritih Sadacharah Swasya cha Priyamatmanah Samyakam Kalpjah Kamo Dharmamulormidam Smritam.

(The Sruti, the Smriti, the approved usages, that which is agreeable to one's in most self or good conscience, and has sprung from due H deliberation, are ordained as the foundation of Dharma.)

l AS.N. DEEKSHITULUv. STATE [K. RAMASWAMY,J.] 597

The Markandeya Purana expresses the purpose of Dharma as : A \14"1l4ifil4l f1M'f11~~· f.Wll 1"\'\1*1& ~ ~· f<Pl~N<1N I ~ ~ f1H\4ilf18'l! 'II mO!llf~ ~~ ~"111 B i\;ft l!i\tl~ l!"f'SI ~ oR I ~ fi;;;miRi ~ 'IWR'l.11 Sarblok Priyo Nityamubachaidahar Nisham Nandantu Sarb Bhutani Snidyantu Vijanepwapi Swastyastu Sarb Bhurtesu Nirantakani Santu cha Ma Vyadhirastu Bhutanamadhyon.Bhawantu cha c Maitrimashesh Bhutani Tushyantu Sakle Jane Shibmastu Dwijatinam Pritirastu Parasparam.

( Ch/188, Verse 12-17) D (That all persons may be happy, may express each other's happi- ness, that there ~ay be welfare of all, all being free from fear and disease; cherish good feelings and sense of brotherhood, unity and friendship)

It is this stress on the identification of Dharma with truth and social E well being, Duty and Service that impelled Yudhisthira to express his own ambition, as Dharmaraja, in the words :

~ ""'1lr'I \f'i'li 'I «Irr 'I ;ri'f<fil1 q;i'T'l "5:'1'1 '11<IA1 1llfUAi '11ftl "'lm'!'ll I F Na Twaham Kamaya Rajyam Na Swargam Na Punarbhawam Kamye Dukh Taptanam Praninam Artnashnam.

(I seek no kingdoms nor heavenly pleasure nor personal salvation, since to relieve humanity from its manifold pains and distresses is G the supreme objective of mankind).

It is in this context that the phrase >iii f<IOl'I Dharm Vijayah 'Victory of Dharma' could be understood, as employed by the the Mauryan Emperor, Ashoka, in his rock edict at Kalsi which proclaimed his achieve- ment in terms of moral and ethical imperatives of Dharma, and exemplified H

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A the ancient dictum '1cl'r ~ '"'1: Yato Dharmastato Jayah (where there is Law, there is Victory).

In the midst of unity in diversity among Indians having different religious and cultural hues, for their assimillation as integrated citizens, all B endowed with human rights, dignity of person, equality of status, liberty of faith and worship with fraternity, the religious spirituality fosters them as a strong unifying social entity with personal identity. Swamy Ran- ganathananda, a noted philosopher, in his lecture on 'Science' Democracy and Religion' delivered on August 28, 1954 in Ramakrishna Mission In- stitute of Culture, Calcutta, published under the title 'Eternal Values for a C Changing Society' had stated at page 637 that "With the intensification of the pace of industrialisation. our centuries-old static feudal society is being profoundly disturbed; social mobility is fast breaking down caste and other old forms of social relationships, and faster still, that social sanctions behind them. Virtues that sustained a static age are found to he utterly inadequate to the demands of a dynamic society". Everywhere, old values, old edifices and old social and economic groups are crumbling down. This is just the beginning of the industrialisation. Complacency is not a solution in the profound transition period. Indian spiritualism had responded suc- cessively to all changes on the strength of her tenacious loyalty to fun- damental spiritual values, which India placed at the foundation of her national culture. It is this faith in ritual values, which has been tested in good and evil fortune. Science is characterised as a keen spirit of inquiry and deep passion for truth. Science has enabled the human mind to unravel secret after secret from nature and increase enormously man's knowledge of the world in which he lives. Speaking on democracy in India he said that democracy has come to stay. How does India proposes to assimillate the democratic value to her cultural heritage? Democracy should have a con- tent of universal value which is something more than the merely political, social or national. The value is the ethical and spiritual content. Without that content, our democracy will be nothing more than ~ mere carbon copy of what happens in the democratic countries of the West. The science and democracy are shaping the growth and development of human culture and civilisation with the development of science, an amount of force and power, scientific and political is itching for a fight creating new tensions, creating ipstability and insecurity. The nation has to handle the force and the power in such a way as not to result in corruption in the wielders and in the confusion to harm the people at large. India holds science and spirituality/

+' AS.N.DEEKSHITULUv. STATE[K.RAMASWAMY,J.] 599

harmonious and hospitable co-existence fostering human values.. Vedantha A enables the Indian5 to digest the forces generated by science, The spiritual meaning of, democratic living and fulfilment, i.e., spiritual oneness of humanity taugbt by ancient and modern Indian seers has to be received and 'reactivated in men's thinking and day to day living and its powerful influence brought to bear on these new and ever newer forms of scientific B and social power, thereby giving them a higber direction and a loftier, spiritual and human purpose. This is the central message of religion. It is a message which requires to be specially.emphasised. 1 : •

, r"!:''• Religion became identified with untested beliefs and dogmas and got shattered in the progress of scientific inquiry. But the mental make-up of C Indians proceed from our long cultural experience; therefore, our spiritual religious experience is not hostile to scientific spirit but sympathetic and hospitable to it. Science will have no opposition from philosophy or religion in India. Human welfare partly depends upon the knowledge and control ' of human 1environment, natural and social. Vedantha has always given an D honoured place to science as also to politics in this. period of human welfare. Man is more than a political animal. He is also .more than an intellectual being. He has depth and heights which cannot be compressed in a purely materialistic or positivistic philosopher. Swamy Ranganathanan- da further stated as under : E "......... democracy should have a content of universal value which is something m~re than the merely political, social, or national. It is obvious that value is the ethical and spiritual content Without that . content, our democracy will be nothing more than. a mere carbon copy of what obtains in the medocratic countries of the West." F

· "In the background of these agitating questions lies the great spiritual heritage of India, Those who are acquainted with its . vitality hold the hope that India can ) et show the world how to understand, assimilate, and expre~s human values which form the theme of democracy everywhere. India's spiritualitY can enable G Indians and the peoples of the world to digest the formidable forces that are being generated and placed in man's hands today. The spiritual meaning of democratic living and fulfilment, as taught . ·1 by India's ancient and modern seers-in other words, the religion of the spiritual oneness of humanity has to be revived and reactivated H

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\ A in men's thinking and day to day living, and its powerful influence brought to bear on these new and ever newer forms of scientific and social power, thereby giving them a higher direction and a loftier spiritual and human purpose.

This is the central message of religion. It is a message which B requires to be specially emphasized in the world in which we are living today. The 'religion' carries to some at least of the modern world a bit of bad odon; It is unfortunate. It is due to the fact that religion became identified with untested beliefs and dogmas. And these got shattered in the progress of scientific inquiry. Jn the c history of Europe, religion has often functioned as an 'enemy' of science. But that experi.ence is not universal or invariable; it is a story with its background in the West only and not in India. Our entire mental make-up proceeding from our long cultural ex- perience is not only hostile, but is very sympathetic and hospitable to; the scientific spirit. In his book, the Discovery of India, our D Prime Minister, Shri Jawaharlal Nehru, has expressed the view that science, which has much leeway to make in India compared to t Western countries, is bound to make increasing advances here in the future because of the hospitality of the Indian national heritage to science." E "That science is a fundamental force and that it does have a great message for all men is understood in India, no less than elsewhere. Human welfare partly depends upon the knowledge and control of the human environment, natural and social. Vedanta has always given an honoured place to science, as also to politics, in this F sphere of human welfare. But Vedanta has also taught India that these two do not constitute the whole scope of human welfare. Man is more than a political animal; he is also more than an intellectual being. He has depths and heights which cannot be compassed in a purely materialistic or positivistic philosophy. In- G dian thought recognizes no compartments or divisions in the human personality leading to mutual exclusion and hostility in human aspirations and values, such as pleasure and profit, science I> and art, morality and religion."

H "The unity of man emphasizes the synthesis of his interest. While

; A.S.N. DEEKSHITULUv. STATE[K. RAMASWAMY, J.] 601

accepting the great importance of science and politics for man, A Vedanta evaluates them in terms of his total needs and aspirations. Man seeks things of utility for the sake of things without utility. Science through technology can give and has given man things of utility in abundance; politics can give him things of utility of another order, a stable social order, the venue of his life's experi- B ments. But neither science nor politics can give man peace or happiness, joy or a sense of fulfilment. These non-utilitarian values proceeds from religion and morality. Science and politics' can create only conditions for their emergence, but cannot create them directly. Without this spiritual direction, the forces generated by science and politics nourish the low self of man and become· C sources of sorrow and discord, division and instability for man and society. A knowledge which leads to the increase of sorrow is not knowledge but ignorance, the offspring of spiritual blindness. It is spiritual awareness alone that transforms all knowledge into wis- dom, and into forms of peace and happiness, Jove and service." D

+ "The transformation of the world which science and politics seeks is powerless to ensure human welfare without the transformation of human nature itself, which religion seeks through a discipline of the whole pe.sonality, it is only such spiritually disciplined individuals and groups that can ensure for humanity at large the values of life, liberty, and the pursuit of happiness, of liberty, fraternity, and equality. The peace and happiness of man and the stability and ordered progress of civilizations depend entirely upon the intensification of the spiritual ·awareness of humanity. With this spiritual aware- ness for foundation, the structure of civilization raised by science and democracy becomes strong and steady; without it, it sways in periodic crises to topple doen eventually. Without the inspiration of religion, civilization shall ever remain an unstable structure."

"Besides the integral unity of man and his interests, Vedanta also proclaims the unity and solidarity of all existence. The objective of G Vedanta is the happiness and welfare of man; not man as divided into sects, creeds, castes, and classes, but man as trian wherever he may be found. Based on this unitary and universal view of man uphdd in her philosophy, religion in India taught that, man, in the course of his development, in the course of his self-expression, H

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A generates vmious forces, physical or mental, social or political, and that the development of these forces needs to be matched by a con-esponding development of his inner spiritual resources, which alone can provide the factors of stability to an evolving personality or social system. 11

B "True democracy is inconsistent with a narrow self- sufficient nationalism or sectarianism; it must tend to reach out to the universal. Breaking the barriers of caste and creed, race and sects, high and low, the democratic ideas, deriving its sustenance from the divinity in man, marches on, without obstruction, to the realiza- c tion of the universal. Swami Vivekananda desired India to uphold this ideal ?f the universal in her religion and politics, science, and literature. He desires India to strive for the evolution of a Vedantic civilization where science and politics would be utilized to lead man to higher and higher levels of self-expression; not merely D desired it, but he also demonstrated that India, among all the nations, had the requisite historically acquired capacity to make that contribution to world civilization. 11

In "Chief Justice Gajendragadkar" - his life, ideas, papers and ad- E dresses - by V.D. Mahajan, in Chapter on ''Secularism, its impact on law and life in India" it is stated that personal law is a secular institution and has to be based on rational and secular considerations. This position is consistent with the real, ancient, pristine view of Hindu law. Dharma, according to the old concept, is a purely secular institution. Dharma is that which sustains the society. Dharma is that by which people at large are held together. At page 234 the author quoted Dr. Gajendragadkar stating that though the Constitution guarantees freedom to all religions, it recognises that in certain aspects, and under certain conditions, religious practices may impinge upon socio-economic problems and the Constitution has made it clear that wherever socio-economic problems or relations are involved, the State will have a right to interfere in the interests of public good. Articles 25 and 26 of the Constitution provide for the right to freedom of religion and though the Indian Constitution is secular and does not interfere with religious freedom, it does not allow religion to impinge adversely on the secular rights of citizens or the power of the State to regulate socio-economic relations.

A.S.N. DEEKSHITULUv. STATE [K. RAMASWAMY, J.] 603

In "Religion and Politics" by Justice V.R. Krishana Iyer [1991 Edi- A tion] it is stated at page 204 that "secularism in India has a spiritual foundation not because of a profusion of competing religions and Gods but because of the realisation that the universal essence of all of them is that service of man is the worship of God and the reverence for all creation is compassion which springs from the recognition of the divinity imminent everywhere. Our composite cultural heritage conceives of a synthesis be- tween these two great values. One does not contradict the other but complements the other. True secularism is humanism in action and per- ceives divinity in everyone. True spirituality is not refuge in other worldli- ness and has a factor of universality where even on the material plane every human being is seen as of equal value and potential as every other member of the human family. We have to steer clear of all narrow religious denominations and communial classifications· by emphasising that i_n secular affairs all will be dealt with on the same footing, whether one belongs to the 'minority' or the 'majority' community". At page 205 the author has stated that "Equality and fraternity, basic to national unity and amity, is impossible without the broad base of Human Rights. So it is that + today we have to be eclectic and accept not religion with the capital 'R' but soul force which reside._" in everyone's bosom ...... We need a social order whose life-breath is secularism, whose dynamics is social and economic justice. It is our fundamental duty to be secular in politics, not in rhetoric nor in cosmetics, but in every fiber of our being and every manner of living. May be, we have promises to keep and miles to go before we sleep".

The Preamble of the Constitution sets out secularism, equity, frater- nity, liberty of worship and faith and dignity of persons as integral scheme of the Constitution in its march to establish an egalitarian social order. Fundamental Rights and Directive Principles seek to resuscitate them. In S.R. Bommai & Ors. v. Union of India & Ors., [1994] 3 SCC 1, larger Bench of nine Judges has held that secularism is basic structure of the Constitu- tion. Religious tolerence and equal treatment of all religious groups and protection of life, property and place of worship are essential parts of secularism. Profession, actions and conduct of persons should be consistent with secularism and they need to be measured in that perspective. •'~

Religion in development is man in search of God. Throughout the history man endeavours in building into a fuller religious life from the H

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\ A experience of the past and also with the consciousness of life in God that he seeks for he is always eternally in him. It is the eternal aspect of religion which is expressed in the religious recognition in every human life, at any t stage of its development in the pursuit of knowledge of self-consciousness or self-realisation and of personal experience of eternal or infinite worth, there are two aspects of religion true-religion and religionism. True religion B is spritual religion that seeks to live in the spirit, in what is beyond the intellect, beyond the aesthetic and ethical and practical being of man and to inform and govern these members' life by higher light and law of the spirit. This is Vedantha. Religionism entrenches itself in some narrow piestic exaultation of the lower members, or lays exclusive stress on intel- C lectual dogmas, forms and ceremonies on some fixed and rigid moral code on some religio-political or religio-social system, which are not always necessary or worthy for a spiritual religion and which disdain the aid of the forms, ceremonies, creeds or system. The fundamental desire of man is to make peace with his inner life. The spiritual religion is a form of the D fundamental desire of man to make peace with his innerself and bring to bear the experience of transplantation of his current personality into a vibrant ready sense of knowledge of fulfilment and happiness. The ex- perience of the man has to be propelled and to be brightened rather than dimmed by the myriad tribulation of knowing the system of rituals or feelings of inferior and inaccessible or unnecessary to realise the Supreme E Being. The need to over-come this is the pursuit of spiritual religion.

The importance of rituals in religious life is relevant for evocation of mystic and symbolic beginnings of the journey but on them the truth of a religious experience cannot stand. The truth of a religious experience is far more direct, perceptible and important to human existence. It is the fullness of religious experience which must be assured by temples, where the images of the Lord in resplendent glory is housed. To them all must have an equal right to plead and in a manner of such directness and simplicity that every human being can approach the doors of the Eternal with equality and with equal access and thereby exercise greater freedom in his own life. It is essential that the value of law must be tested by its certainty in reiterating the Core of Religious Experience and if a law seeks to separate the non-essential from the essential so that the essential can have a greater focus of attention· in those who believe in such an ex- perience, the object of such a law cannot be described as unlawful but possibly somewhat visionary.

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The word 'Dharma' or 'Hindu Dharma' denotes upholding, support- A ing, nourishing that which upholds, nourishes or supports the stability of the society, maintaining social order and general well-being and progress of man kind; whatever conduces to the fulfilment of these objects is Dharma, it is Hindu Dharma and ultimately 'Sarva Dharma Sambhava'.

In contra distinction, Dharma is that which approves oneself or good B consciousness or springs from due deliberation for one's own happiness and also for welfare of all beings free from fear, desire, disease, cherishing good feelings and sense of brotherhood, unity and friendship for integra- tion of Bharat. This is the cor'e religion which the Constitution accords protection. c In Ganpat v. Retuming Officer & Ors., [1975 1 SCC 589, this Court has held that religion is essentially a highly personal matter and Hinduism is so tolerant and Hindu religious practices so varied and eclectic that one would find it difficult to say whether a person is practising or professing Hindu religion or not. Religion has undergone several changes, but the fundamental, moral and religious ideas of the Hindus which lie at the root of religious and charitable institutions, remain substantially the same. The Hindu is inclined to believe the divine in every manifestation, whatever it may be, and is doctrinally tolerant. Therefore, the Hindu· is disposed to think synthetically and to regard other forms of worship, strange Gods, and divergent doctrines as inadequate rather than wrong or objectionable; he tends to believe that the highest divine powers co-complement each other for the well-being of the world and mankind. Religion, therefore, is one of the personal beliefs, is more a cultural attitude towards a physical thinking in that viay of life and is worship of the image of God in different manifestation. F

In Shirnr Matt's, a locus classicus on constitutional religion and protection of Articles 25 and 26 of the Constitution, this court had laid down that a religion may not only lay down a code of ethical rules for its followers to accept, it 1night prescribe rituals and observances, ceremonies G and modes of worship which are regarded as integral parts of religion, and .-t· these forms and observances might extend even to matters of food and dress.

In Sri Ve11kataramana Devarn & Ors. v. The State of Mysore & Ors., [1958] SCR 895, this Court surveyed the historical background in enacting H

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\ A the Madras Religious and Charitable Endowment Act (29 of 1951) which is a pre-cursor to predecessor Act 17 of 1966. The question therein was : whether Sri Venkataramana of Moolky Petta was a private or a public temple or a denominational institution? This Court had held that with the • growth and importance of temple and of worship therein more and more attention came to be devoted to the ceremonial law relating to construction of temple and conduct of worship of the Deity and numerous other trusts that came to be established for its existence. While explaining the expres- sion "matters of religion" used in Article 26(b), this Court said that prac- tices which are regarded by the community as part of its religion and under the ceremonial law pertaining to the temples, who are entitled to enter into them for worship and where they are entitled to stand for worship and how the worship is to be conducted are all matters of religion. In The Durgah Committee, Ajmer and Anr. v. Syed Hussain Ali and Ors., [1962] 1 SCR 383 at 411-412, another Constitution Bench of this Court explained the con- notation of the above statement of law thus :

D "While we are dealing with this point it may not be out of place incidentally to strike a note of caution and observe that in order + that the practices in question should be treated as a part of religion they must be regarded by the said religion as its essential and integral part; otherwise even purely secular practices which are not an essential or an integral part of religion are apt to be clothed with a religious form and may make a claim for being treated as religious practices within the meaning of Art. 26. Similarly, even practices though religious may have sprung from merely super- stitious beliefs and may in that senise be extraneous and unessential accretions to religion itself. Unless such practices are found to constitute an essential and integral part of a religion their claim for the protection under Art. 26 may have to be carefully scrutinised; in other words, the protection must be confined to such religious practices as are an essential and an integral part of it and no other." G The Act regulates administration and maintenance of charitable and Hindu religious institutions and endowments in their secular administra- tion. It Jays emphasis on preserving Hindu dharma and performance of religious worship, ceremonies and poojas in religious institutions according H to their prevailing Sampradayams and Agamas. Section 13 enjoins that the

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Commissioner and every other functionary nnder the Act "shall not inter- A fere with and shall observe the forms, usages, ceremonies and practices obtaining in and appropriate to the religious institution or endowment". Section 23(1) equally obligates the trustee that he "shall administer its affairs in accordance with the terms of the trust, the usage of the institution or endowment and all lawful directions" issued in respect thereof. Section B 142 puts that "nothing in the Act shall affect the performance or interfere with religious worship, ceremonies and poojas in religious institutions" according to Sampradayams and Agama followed in such institution. Sec- tion 50(1) enjoins propagation of Hindu Dharma.

In Sardar Syedna Toher Saifuddin Saheb v. The Estate of Bombay, C [1962) Supp. 2 SCR 496 at 521, Sinha, C.J had held, in his separate but concurring judgment, that what are matters of religion and what are not is not an easy question to decide. It must vary in each individual case according to the tenets of the religious denomination concerned. The expressions 'matters of religion' engrafted in Article 26(b) and 'activities associated \\ith religious practice' do not cover exactly the same ground. What are exactly "matters of religion" are completely outside State inter- ference, subject, of course, to public order, morality and health. But activities associated with religious practice may have many ramifications and varieties - economic, financiai political and other such activities as are contemplated in Article 25(2) covering a field much wider than that covered by either Article 25(1) or Article 26(b). No demarcation can be classified as to which are essentially and purely of a religious character and those which are not essentially such. Considering the question whether ex-coinmunication is a part of religious practice, on the facts in that case,

·- majority had held that it offends Article 25(1) and accordingly the provision was declared unconstitutional.

Articles 25 and 26 deal with and protect religious freedom. Religion as used in these Articles must be construed in its strict and etymological sense. Religion is that which binds a man with his Cosmos, his creator or super force. It is difficult and rather impossible to define or delimit the expressions "religion" or "matters of religion" used in Articles 25 and 26. Essentially, religion is a matter of personal faith and belief of personal relations of an individual with what he regards as Cosmos, his Maker or his Creator which, he believes, regulates the existence of insentient beings and the forces of the universe. Religion is not necessarily theistic and in H

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\ A fact there are well-known religions in India itself like Budhisrn and Jainism which do not believe in the existence of God. In India, Muslims believe in Allah and have faith in Islam; Christians in Christ and Christianity; Parsis in Zorastianism; Sikhs in Gurugranth Sahib and teachings of Gurunanak Devji, its founder, which is a facet of Hinduism like Brahamo, Samaj B Aryasamaj etc.

A religion undoubtedly has its basis in a system of beliefs and doctrine which are regarded by those who profess religion to be conducive to their spiritual well-being. A religion is not merely an opinion, doctrine or belief. It has outward expression in acts as well. It is not every aGpect C of religion that has been safeguarded by Articles 25 and 26 nor has the Constitution provided that every religious activity cannot be interfered with. Religion, therefore, cannot be construed in the context of Articles 25 and 26 in its strict and etymological sense. Every religion must believe in a conscience and ethical and moral precepts. Therefore, whatever binds a D man to his own conscience and whatever moral or ethical principle regulate the lives of men believing in that theistic, conscience or, religious belief that alone can constitute religion as understood in the Constitution which fosters feeling of brotherhood, amenity, fraternity and equality of all per- sons which find their foot-hold in secular aspect of the Constitution. Secular activities and aspects do not constitute religion which brings under its own cloak every human activity. There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which is not considered a religious activity. Every mundane or human activity was not intended to be protected by the Constitution under the guise of religion. The approach to construe the protection of religion or matters of religion or religious practices guaranteed by Articles 25 and 26 must be viewed with pragmatism since by the very nature of things, it would be extremely -· difficult, if not impossible, to define the expression religion or matters of religion or religious belief or practice.

In pluralistic society like India, as stated earlier, there are numerous religious groups who practise diverse forms of worship or practise religions, rituals, rites etc.; even among Hindus, different denominants and sects residing within the country or abroad profess different religious faiths, beliefs practices, They seek to identify. religion with what may in substance be mere facets of religion. It would, therefore, be difficult to devise a H definition of religion which would be regarded as applicable to all religions

) A.S.N. DEEKSHrmLUv. STATE [K. RAMASWAMY, J.] 609

or matters of religious practices. To one class of persons a mere dogma or precept or a doctrine may be pre-dominant in the matter of religion; to others, rituals or ceremonies may be pre-dominant facets of religion; and to yet another class of persons a code of conduct or a mode of life may constitute religion. Even to different persons professing the same religious faith some of the facets of religion may have varying significance. It may not be possible, therefore, to devise a precise definition of universal application as to what is religion and what are matters of religious belief or religious practice. That is far from saying that it is not possible to state with reasonable certainty the limits within which the Constitution conferred a right to profess religion. Therefore, the right to religion guaranteed under Article 25 or 26 is not an absolute or unfettered right to propagating religion which is subject to legislation by the State limiting or regulating any activity - economic, financial, political or secular which are associated with religious belief, faith, practice or custom. They are subject to reform on social welfare by appropriate legislation by the State. Though religious practices and performances of acts in pursuance of religious belief are as much a part of religion as faith or belief in a particular doctrine,. that by • itself is not conclusive or decisive. What are essential parts of religion or religious belief or matters of religion and religious practice is essentially a question of fact to be considered in the context in which the question has arisen and the evidence - factual or legislative or historic - presented in that context is required to be considered and a decision reached. E

The Court, therefore, while interpreting Articles 25 and 26 strikes a careful balance between the freedom of the individual or the group in regard to religion, matters of religion, religious belief, faith or worship, religious practice or custom which are essential and integral part and those F which are not essential and integral and the need for the State to regulate or control in the interest of the community.

There is a difference between secularism and secularisation. Secnlarisation essentially is a process of decline in religious activity, belief, ways of thinking and in restructuring the institution. Though secularism is G a political ideology and strictly may not accept any religion as the basis of State action or as the criteria of dealing with citizens, the Constitution of India seeks to synthesise religion, religious practice or matters of religion and secularism. In secularising the matters of religion which are not essentially and integrally parts of religion, secularism, therefore, conscious- H

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