sign in sign up
<<
Home , Amrit Kaur

Secularism in the Constituent Assembly Debates, 1946-1950 Author(s): Shefali Jha Source: Economic and Political Weekly, Vol. 37, No. 30 (Jul. 27 - Aug. 2, 2002), pp. 3175- 3180 Published by: Economic and Political Weekly Stable URL: https://www.jstor.org/stable/4412419 Accessed: 04-01-2020 11:36 UTC

JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected].

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms

Economic and Political Weekly is collaborating with JSTOR to digitize, preserve and extend access to Economic and Political Weekly

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms Special articles_

Secularism in the Constituent Assembly Debates, 1946-1950

Secularism, it has been argued, failed to stem the spread of communalism in , because its marginalising and contempt of religion bred a backlash on which communalism thrived. This article contends that this 'contempt for religion' was marginalised in the course of the secularism debates in the Constituent Assembly. The dominant position on secularism that a 'democratic' Constitution find place for religion as a way of life for most Indians triumphed over those who wished for the Assembly to grant only a narrow right to religiousfreedom, or to make the a fundamental right. These early discussions on religious freedom also highlight a paradox - it is precisely some of the advocates of a broad right to religious freedom who were also the most vociferous opponents of any political rights for religious minorities.

SHEFALI JHA

I Rajendra Prasad tried persuading him that socialist order and to secure to all its The Preamble and his amendment was against the spirit of citizens..."7 because he said that this word, 'secular' was dear to India's national Conceptions of Secularism religious freedom of the Constitution that was exemplified, for instance, in the choice leaders and its inclusion in the preamble xW x hen the preamble to the Consti- in the form of the oath - to 'swear in the would tone up the morale of minorities as tution was discussed in the name of god', or to 'solemnly affirm' - well as prevent disorderly activity. Unfor- Constituent Assembly on Octo- that the Constitution gave to ministers tunately there was no discussion on the ber 17, 1949, disagreement and acrimoni- taking office. Kamath responded: "Here inclusion of the term 'secular'; most ous debate over the incorporation of we the are not individuals. Here we are all the members ridiculed Brajeshwar Prasad's principle of seculari.sm took up most people of of India. There is much difference attempt at making the Constitution a the Assembly's time. The positions spelt between out the two."5 Religion was 'the voice socialist instead of a liberal democratic on secularism on that day show up clearly of our ancient civilisation' and the pre- document and his amendment was the lines of difference that had been amble, a document of the people of India, negatived for that reason. developing on this issue during the three by taking god's name only reflected the The preamble was discussed in one of years of the Constituent Assembly debates. spirit and will of the Indian people. the last sessions of the Constituent Assem- On that day H V Kamath began the Opponents to Kamath's amendment bly which is why the theoretical positions discussions by moving an amendment continued to to insist that religion was a matter on secularism that we try to extrapolate begin the preamble by the phrase, 'In of the individual choice and in this matter the from the October 17 debate reflect the name of god'. Shibban Lal Saksena collectiveand will should not be imposed. stands taken during the preceding three Pandit Govind Malaviya also moved simi- Another interesting objection was raised years. All the members agreed, of course, lar amendments later in the day. Respond- by Purnima Banerji who said that refer- on the necessity of establishing a secular ing to Pandit Kunzru's objection that ences in to god should not be put into the state. Most shared an understanding of invoking "the name of god, we are show- constitution since that would make the history in which the "movement for the ing a narrow, sectarian spirit",2 Pandit sacred depend on the vagaries of demo- separation of religion and state was ir- Malaviya argued that it was not anti- cratic voting. She requested Kamath "not revocably a part of the project for the secular for the preamble to begin with to ex- put us to the embarrassment of having democratisation of the latter".' How could pressions such as "By the grace of tothe vote upon god".6 a democratic state represent a religious Supreme Being, lord of the universe, called Kamath's amendment was defeated bymajority at the expense of the rights and by different names by different peoples 68 of to 41, but neither did the Assembly liberties of a minority? In Europe, "the the world",3 since it was clear that not accept any a suggestion from the other side idea to of democratic dissent was posed particular religion's god was being sanc- include the word 'secular' in the preamble. initially as the idea of religious difference. tified. Saksena pointed out that even Brajeshwarthe Prasad from Bihar moved that It gradually became the premise for the Irish constitution took god's name at the the first sentence of the preamble begins liberties of the individual in general, and, beginning of its preamble.4 as follows: "We the people of India, having in raising the question of equality and Whereas the other two withdrew their resolved to constitute India into a secular equal rights for all, the idea of secularism proposals, Kamath stuck to his guns. cooperative commonwealth to establish became the chief motor behind the

Economic and Political Weekly July 27, 2002 3175

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms subsequent idea of political democracy".9 itself from all religions and in this manner allowing the democratic state to have a say Since independent India was to be a de- encourages their limitation to a private in religious affairs. mocracy, secularism was a fait accompli: sphere; it presses for the narrowing of Like the first, the third position - which "it is essential for the proper functioning religion to the activity of religious worship we call the equal- respect theory of secu- of democracy that communalism should and it assiduously replaces respect for larism - also began with the principle of be eliminated from Indian life".10 But the religion with building nationalist citizens. religious liberty, but held that in a society question remained as to the kind of secu- India was engaged in creating a modern like India where religion was such an larism to be established by Indians faced nation state and in this enterprise, religion, important part of most people's lives, this with the problem of "creating a secular an obscurantist and divisive force, had principle entailed not that the state stay state in a religious society". I Was a state no place. away from all religions equally, but that secular only when it stayed strictly away Members advocating this kind of secu- it respect all religions alike. In this view, from religion, and could such a secular larism included K T Shah, who as late as instead of distancing itself from all reli- state survive only if society was slowly December 1948, demanded the insertion gions or tolerating them equivalently as secularised as well? Or did a state that of an article separating the state from any sets of superstitions which could be in- equally respected all religions best capture religious activities. Tajamul Husain not dulged in as long as they remained a private the meaning of secularism in the Indian only wanted to define the right to religion affair, a secular state based its dealings context? as a right to 'practise religion privately', with religion on an equal respect to all On this issue we can see three alternative but also insisted that religious instruction religions. One of the main proponents of positions in the controversy around the was to be given only at home by one's this view, K M Munshi, proclaimed that preamble. The first - which we call the no- parents and not in any educational insti- the "non-establishment clause (of the US concern theory of secularism - saw a tutions. He also wanted to include the Constitution) was inappropriate to Indian definite line of separation between reli- following clause in the constitution: conditions "No and we had to evolve a char- gion and the state. Given the principles of person shall have any visible sign, markacteristically Indian secularism". 18Munshi freedom of expression and religious lib- or name, and no person shall wear said:any "We are a people with deeply reli- erty, it was upto the individual to decide dress whereby his religion may giousbe moorings. At the same time, we have whether to be a believer or not, or to adhere recognised".'5 This implied an understand- a living tradition of religious tolerance - to this religion or that. Therefore the ing of secularism in which "religion the is result a of the broad outlook of Hinduism preamble could not contain any references private affair between man and his that god. all religions lead to the same god...In to god, and neither should the constitution It has no concern with anyone else in view the of this situation, our state could not establish links between the state and any world".16 It is this conception of secular- possibly have a state religion, nor could religion. This argument of religion being ism which led M Masani and K T Shah a rigid line be drawn between the state and an individual's private affair, was extended to state earlier that while they supported the church as in the US".19 during the main sessions of the Constitu- an individual's right to religious freedom, Lakshmi Kant Maitra and H V Kamath ent Assembly to include the more radical they "dissented from the inclusion among claimed that the Indian state should not claim that religion must be relegated to the fundamental rights of any provision disavow India's "lofty religions and private sphere. Many members declared guaranteeing institutions belonging spiritual to concepts and ideals".20 The that the need of the hour was to strengthen any religious community".17 west was in crisis because of the domi- the identity of Indians as citizens of the Many of these proponents of no-concern nance of materialism, and it was looking Indian state, as opposed to being members secularism were making the argument towards India for a regeneration of .piri- of some community or religious group. familiar to all students of early modern tual values. The Indian state should not Radhakrishnan's speech on the Objectives political theory. A state wanting encourageto sectarianism, but at the same Resolution on December 13, 1946 asserted strengthen itself must encourage the philo- time it should actively "impart spiritual that "nationalism, not religion, is the basis sophy of abstract individualism so as training to or instruction to its citizens"21 of modern life. ..the days of religious states weaken all associations in society other by giving some kind of spiritual education are over. These are the days of national- than itself. It can then replace these asso-to them. ism".12 A month later, G B Pant, speaking ciations by itself as the locus of the indi- It is this conception of secularism which to the Advisory Committee of the Con- vidual citizen's identity. Secularism led on certain members to define the right to stituent Assembly proclaimed that the this view meant the gradual weakening religion of as a right to the practise of religion "individual citizen who is really the back- the bonds of religion and their replacement as opposed to the more narrow right to bone of the state,...has been lost here in with nationalism. It meant that the state religious worship. These members accepted that indiscriminate body known as the must not recognise religion as a public that certain limitations must be placed on community. We have even forgotten that institution. It was not just a question ofthis right. However, it was all right to have the citizen exists as such. There is the religious liberty but of the establishment these limitations once the right had been unwholesome, and to some extent, degrad- of,the paramountcy of the state. Religion framed properly to capture the significance ing habit of thinking always in terms was of to be relegated to as narrow a sphere of religion, instead of being framed in a communities and never in terms of citi- as possible so that the state could emerge manner which revealed a disregard for zens".13 Similar thoughts were expressed as a mode-n Leviathan. religion. later in an exaggerated fashion by The second position on secularism, Since religion was, for most Indians, a Guptanath Singh: "The state is above all exactly opposite to the first, was that way no of life and therefore essential to their gods. It is the god of gods. I would say links between the state and religion should identity, how could a people's state be that a state being the representative of the be permitted, not because this would founded on a kind of secularism contemp- people, is god himself'.14 weaken the state, but because it would tuous of religion. One's identity was not These positions logically led to a con- demean religion. Religion, a system of something which was easily changeable, ception of a secular state as one that stays absolute truth, could not be made subject and for these members. to forcibly replace away from religion per se. It distances to the whims of changing majorities by religion as the basis of one's identity with

3176 Economic and Political Weekly July 27, 2002

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms the state was an attack on the autonomy in more detail, we find that it is the as a way of life then Article 16 could not of individuals. ambivalences within the no-concern and include the proviso that one's civil obli- In addition, most important religions equal-respect camps that are more inter- gations overrode one's religious duties. contained principles of toleration within esting than the stark contrast between the KM Panikkar used the example of themselves since by definition, religious two positions. 'Sanyasa', a fundamental element of re- belief had to be voluntary. If the state ligion in many sects, which rules that one's allowed a public sphere to religion this II life must be lived in a certain way: "Where would not automatically lead to inter- Religious Practice or religion provides that a Sanyasi shall have no attachments to the world, to ask that sectarian strife, as all great religions of the Religious Worship world preached forbearance of other faiths. he shall perform civil duties is in fact to J B Kripalani defined toleration as the On April 16, 1947, the Sub-Committee ask him to give up his religion."28 Many acceptance, to some extent. of someone's on Fundamental Rights of the Constituent things were part of religion, the least of beliefs as good for him, and argued that Assembly determined the right to the free- them being the wearing ofkirpans by Sikhs. it was because the no-concern theory was dom of religion to be a right "to freedom Since the Constitution could not specify based on a doctrine of intolerance that it of conscience, to freedom of religious all the essential elements of the different confined religion to the private realm. On worship and to freedom to profess reli- Indian religions, at least it could phrase the the other hand a state which respected all gion".25 Two days later, the Constituent right to religion broadly as the right to the religions was educating its citizens in Assembly's Minorities Sub-Committee practice29 of religion and not narrowly as principles of toleration: "We have to re- decided by a majority of 10 to five that the the right to religious worship. If the spect each other's faith. We have to respect the freedom to religion should be rephrased Constituent Assembly was serious about it as having an element of truth".22 as the "freedom of conscience and the right religious freedom then there was no point Jaya Prakash Narayan added that it was freely to profess, practice and propagate in granting a freedom to a religion denuded only when religion was used to serve socio- religion".!6 This change in terminology of all content. economicand political interests, that there was formally dissented to by Amrit Kaur, Those on the other side of the divide was communal violence. What needed to , G B Pant, P K Salve and pointed to the dangers of interpreting be done in the interests of secularism was B R Ambedkar. religion widely. Any such broad reading to incorporate an article in the Constitution Sharp disagreement on whether to callof religion would include within it the anti- prohibiting the use of religious institutions the right to religion a right to religious social customs of "pardah, , for political purposes or the setting up practice or a right to religious worship polygamy,had unequal laws of inheritance, of political organisations on a religious already become manifest in the proceed- prevention of intercaste marriage,(and) basis.23 It was not religion per se but its ings of the Fundamental Rights Sub- dedication of girls to temples,"30 practised politicisation which engendered violence Committee. This Committee's draft report in the name of religion. Rajkumari Amrit in the modern state. of April 3, reflecting the discussion Kaur on further pointed out that if the right The no-concern and equal-respect K M Munshi's and Ambedkar's proposed to religion was stated in terms of the right positions on secularism clashed constantly articles on fundamental rights, set out eightto the practice of religion, it "may even during the debates in the Constituent articles defining the right to religion. Article contradict or conflict with the provision Assembly as the question of secularism 16 followed Munshi's proposal, instead abolishing of the practice of untouchabil- cropped up in discussions around innu- Ambedkar's, in giving the right "freely ity".31 to Alternatively, if the right given were merable articles. The issue of secularism profess and practice" religion, and in adding the right to religious worship, the state was ubiquitous - it came up even when the explanation that the right "to profess could better protect all the rights of indi- parliamentary procedure and the linguistic and practice religion shall not include vidualsany by preventing through social leg- reorganisation of states were being dis- economic, financial, political or other islation the exploitation of S' lower caste cussed. Instead of detailing the arguments secular activities that may be associated man by an upper caste individual, or of on secularism around some randomly with religious worship."27 Ambedkar's a woman by a man. picked articles, we have, following Smith's suggestions were incorporated in another This dispute over the terminology of the model that a secular Constitution must explanation to Article 16 that "No person right to religion led to much flip-flopping have provisions dealing with three specific shall refuse the performance of civil inob- the various reports of the Fundamental subjects - religious liberty, citizenship and ligation or duties on the ground that Rightshis Sub-Committee. The April 3 draft state neutrality24 - picked up the debate religion so requires," and in Article 19 thatused the terms 'practice religion'; but. on some articles from each area to show "The state shall not recognise any religion because of reservations expressed by some the lines of disagreement amongst Con- as the state religion". members, the April 16 report of the Sub- stituent Assembly members. Under reli- That there were irreconciliable differ- Committee changed the terminology to gious liberty, we look at the controversy ences in the Constituent Assembly on 'freedom of religious worship'. However over whether the right to religious freedom religious freedom, and that the dispute on April 18, the Minorities Sub-Commit- should be the right to religious worship or over religious practice or religious wor- tee suggested that the original phraseology to religious practice, and over whether the ship was not a trifling disagreement over of the April 3 draft be used. After that the state should recognise only linguistic words was apparent in the inconsistency Advisory Committee of the Constituent minorities or religious minorities as well. within Article 16 itself. Members support- Assembly, which included both the Sub- Under citizenship, we review the dispute ing the use of the terms 'the practice of Committees on Fundamental Rights and over the uniform civil code and over religion' said that to understand religion Minorities as well as three others, met and political reservation for religious minori- narrowly as a set of performative rituals submitted an Interim Report on April 23 ties; and finally for state neutrality in a'we public but circumscribed place of in which the right to religion was a right consider the debate over whether there worship like a church was to misunder- to "practice religion" and the proviso should be religious instruction in state stand the significance of religion for abarring individuals from using religious aided schools. Looking at the discussions believer. If religion was rightly understood reasons to exempt themselves from civic

Economic and Political Weekly July 27, 2002 3177

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms duties, as well as the article banning a state ognition of minorities based on religion orprogress".37 In a much more strongly religion, were dropped. It seemed as if one community was not in keeping with theworded note of April 14, Amrit Kaur, side had won an overwhelming victory, secular character of the state. If such along with Hansa Mehta and M R Masani, even though the right to the practice of minorities were granted the right to estab- wrote that "(o)ne of the factors that has religion remained limited by public order, lish and administer educational institu- kept India back from advancing to nation- morality, health and the other provisions tions of their own, it would not only block hood has been the existence of personal of the chapter on fundamental rights, as the way to national unity but would also laws based on religion which keep the well as by two provisos that the right to promotecommunalism and an anti-national nation divided into watertight compart- religion shall not include any economic, outlook." 34 It was with similar reserva- ments in many aspects of life",38 and financial, political or other secular activi- tions in mind that G B Pant had earlier, demanded that the provision regarding the ties that may be associated with religious in an April 1947 meeting of the Minorities uniform civil code be transferred from the practice, and that it shall not debar the state Sub-Committee, suggested that the cul- chapter on directive principles to that on from enacting laws for the purpose of tural and educational rights of minorities fundamental rights. social welfare and reform. be included among the non-justiciable This position was opposed by other The battle was joined once again when directive principles. Rajkumari Amrit Kaur members of the Constituent Assembly, the Interim Report of the Advisory Com- had similarly proposed that religious such as Mohamed Ismail Saheb, supported mittee was presented to the Constituent minorities not be allowed to set up separate by B Pocker Sahib, who wanted to include Assembly on May 1, 1947. This time educational institutions, nor state aid be a right to one's personal law in the fun- doubts were raised about including the provided to these institutions. damental right to religion. Failing that, right to propagate in religious freedom; As these articles were framed in the they insisted that at least the directive some members wanted it clarified that the Minorities Sub-Committee, however, they principle enjoining the state to provide a conversion of minors would not be al- reflected the point of view of the other uniform civil code, should contain the lowed. Those who protested that this side. The draft rights defined minorities following in proviso: "Provided any group, would mean that parents who had con- terms of religion and language and gave section or community of people shall not verted had no right to determine the themre- the right to establish and administer be obliged to give up its own personal law ligious upbringing of their children, hadeducational institutions. The Constituent in case it has such a law".39 This must be their way, and in the draft Constitution Assembly of also passed these articles in the done if the right to religious practice was February 1948, the article postulating same form: "all minorities, whether based to have any reality because the "right to restrictions on the act of religious conver- on religion or language had the right to follow personal law is part of the way of sion was dropped. establish and administer educational insti- life of those people who are following When the draft Constitution's articles on tutions" (Article 30, ) such laws; it is part of their religion and religion were discussed in the Constituent which were entitled to state aid just as any part of their culture".40 Mahboob Ali Baig Assembly in December 1948, K T Shah other educational bodies. Bahadur said, "People seem to think that raised the demand again that an article be under a secular state, there must be a included expressly forbidding any link IV common law observed by its citizens in between the state and religion. Such an Uniform Civil Code all matters including matters of their daily article would begin as: "The state in India life, their language, their culture, their being secular shall have no concern with The first article that we take up with personal laws. This is not the correct way any religion, creed or profession of faith".32 reference to citizenship in a secular state to look at the secular state. In a secular Tajamul Hussain wanted to replace theis that on the uniform civil code. Both state, citizens belonging to different terms 'practice and propagate religion' Munshi's and Ambedkar's draft articles of communities must have the freedom to with 'practice religion privately'. We Marchsee 1947 onjusticiable rights contained practise their own religion, observe their then that the exact phrasing of the main clauses referring indirectly to a uniform own life and their personal laws should article on religious freedom remained civil code, Munshi's proposal stated that: be applied to them".41 These members contentious till the very last. "No civil or criminal court shall, in adju- were opposed to the setting up of a uniform dicating any matter or executing any order civil code. Ill recognise any custom or usage imposing An intermediate postion was that the Linguistic or Religious any civil disability on any person on the establishment of the uniform civil code Minorities ground of his caste, status, religion, race must be done slowly, with the consent of or language".35 Ambedkar wrote that the all communities. Similar to this position The differences over secularism were subjects of the Indian state shall have the was that of K M Munshi's - who now, also clearly apparent in the controversy right "to claim full and equal benefit of surprisingly, wanted to narrow the defini- over whether a secular state permits the all laws and proceedings for the security tion of religious practice. He pointed out recognition of religious minorities along of persons and property as is enjoyed by that the personal law of Hindus was dis- with linguistic minorities. On the one hand, other subjects regardless of any usage or criminatory against women and contra- Jaya Prakash Narayan held that the custom based on religion and be subject vened an Indian citizen's right to equality. "secularisation of general education... to like punishment, pains and penalties and Therefore, "religion must be restricted to necessary for the growth of a national to none other".36 spheres which legitimately appertain to outlook and unity"33 required that the By March 30, however, the Fundamen- religion, and the rest of life must be regu- cultural and educational rights guaranteed tal Rights Sub-Committee had decided to lated, unified and modified in such a manner in the Constitution should be confined make the uniform civil code a directive that we may evolve, as early as possible, a only to linguistic minorities. On the same principle of state policy. In her letter ofstrong and consolidated nation."42 Ambedkar lines, Damodar Swarup Seth suggested March 31, Rajkumari Amrit Kaur can also be put in this group since he that "the only minorities to be recognised emphasised the importance of the uniform supported the inclusion of the uniform should be those based on language: rec- civil code and called it "very vital to social civil code in the directive principles but

3178 Economic and Political Weekly July 27, 2002

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms said that the code would only apply to tribes, separate electorates, and reserva- spirit".50The committee' s report was quite those who wanted it to apply to them. tion in legislative bodies, ministries, and critical of the demands of the Akali Dal the civil, military and judicial services andof rejected every one of them since they V the government as well as a Minorities "disrupted the whole conception of the Political Safeguards Commission. When discussions took place secular state which is to be the basis of for Minorities in the Sub-Committee in July 1947, byour new Constitution".51 which time the question of partition had When this report was considered in the Simultaneously with discussing the kind been decided, and the Muslim League Advisory Committee in December 1948, of religious rights permitted by secular- members had also joined the Constituent a suggestion was made that reservations ism, the Constituent Assembly's members Assembly, the demand.for separate elec- in legislative bodies should also be given also debated the political rights of minori- torates and for reservation in the ministries up. By May 11, 1949, Muslims and Indian ties in a secular state. The Minorities Sub- and the government services was given up. Christians lost their reserved seats. The Committee based itself on its members' On August 8, the Advisory Committee sub- understanding was that the non-Muslim responses to a short questionnaire on mitted its report on minorities stating that League Muslims were under instructions safeguards for minorities prepared by separate electorates were to be abolished of Maulana Azad not to press for reser- K M Munshi, and on Ambedkar's sug- because they "sharpened communal dif- vation. Nehru responded to a speech by gested safeguards for the scheduled castes. ferences to a dangerous extent and have Begum Rasul against reservation by say- Munshi's questionnaire consisted of six proved one of the main stumbling blocks ing, "I think that doing away with this queries on the nature and scope of politi- to the development of a healthy national reservation business is not only a good cal, economic, religious, educational and life".47 So that the minorities did not feel thing in itself, good for all concerned, cultural safeguards for a minority at the threatened, the Muslims and scheduled more especially for the minorities, but centre and the provinces in the new con- castes were granted reservation in the psychologically too it is a very good move stitution, on the machinery to ensure these legislatures, in proportion to their popula- for the nation and the world. It shows that safeguards, and on whether these safe- tion, for 10 years. There was also some we are really sincere about this business guards would be temporary or permanent.43 kind of reservation for Anglo-Indians, and of having a secular democracy".52 Ambedkar's draft contained a section on the question was left open for Parsees, In his reporton this May 11 meeting, Patel 'provisions for the protection of minori- Sikhs and tribals. There was also to be a wrote: "Although the abolition of separate ties' demanding that the-representatives of special minority officer at the centre and electorates had removed much of the poison the different minorities in the cabinet be each of the provinces. from the body politic, the reservation of elected by members of each minority When this report was considered in the seats for religious communities, it was felt, community in the legislature, as well as Constituent Assembly on August 27, 1947, did lead to a certain degree of separatism the establishment of a superintendent of many of the members against separate and was to that extent contrary to the con- minority affairs. Although only the sched- electorates blamed British institutional ception of a secular democratic state".53 uled castes were specifically named as a arrangements for the communal discord Inin moving this report in the Constituent minority by Ambedkar, he did assume the India: for instance, P S Deshmukh said that Assembly on May 25, 1949, he exhorted inclusion of other minorities when he wrote "the demon of the interests of minorities everyone "to forget that there is anything that the share of the scheduled castes in and theirprotection was a creation of British like majority or minority in this country and the reserved seats in the legislatures or the policy".48 Members still supporting the that in India there is only one community".54 services would not be at the cost of the provision of separate electorates argued share of the other minorities. In his draft that without them, the best representative of VI provisions, Ambedkar stated that social a minority community would not be elected. Religious Instruction in discrimination constituted the real test for However, separate electorates were not Educational Institutions determining whether a social group is or reinserted into the Constitution. Nor was an is not a minority.44 Thus both the sched- amendment moved by S Nagappa, and sup- For our next subject of state neutrality, uled castes and certain religious groups ported by Ambedkar, that a scheduled caste we go back to the right to religion, and were minorities in India, "since the admini- candidate could only be declared elected examine what happened to the issue of stration in India is completely in the hands to a scheduled caste reserved seat on religious instruction. The Advisory Com- of the Hindus, and under Swaraj the legi- securing at least 35 per cent of votes mitteepolled in its interim report of April 23, slature and executive will also be in the by scheduled castes to that seat, passed.49 1947 had stated that religious instruction hands of the Hindus".45 According to In the February 1948 Draft Constitution, must be voluntarily received in schools Ambedkar, Indian nationalism had devel- Articles 292 and 294 reserved seats in maintained or getting aid out of public oped a doctrine called "the divine right parliamentof and state legislatures for Mus- funds. When this clause was discussed in the majority to rule the minorities accord- lims, scheduled castes, Scheduled Tribes the Constituent Assembly on August 30, ing to the wishes of the majority. Any and Indian Christians for 10 years. In1947, it was sought to be amended by claim for the sharing of power by the February 1948, a special subcommittee Renukaof Ray to read as follows: "No de- minority is called communalism while the Patel, Nehru, Prasad, Munshi and nominational religious instruction shall be monopolising of the whole power by the Ambedkar was formed on minority provided prob- in schools maintained by the majority is called nationalism".46 In this lems affecting East Punjab and state".55 West Radhakrishnan explained the context it was essential for equal citizen- Bengal. This Committee rejected thereasoning de- behind such an amendment: "We ship that political safeguards for minori- mand of the Shiromani Akali Dal for a are a multi-religious state and therefore we ties be enshrined in the Constitution. separate electorate on the grounds that have to be impartial and give uniform The Minorities Sub-Committee follow- although "it is not always easy to define treatment to the different religions; but if ing Ambedkar's draft articles began with communalism, there could be little doubt institutions maintained by the state, that proposals to establish, for religious that separate electorates are both a cause is, administered, controlled and financed minorities and for scheduled castes and and an aggravated manifestation of thisby the state are permitted to impart religious

Economic and Political Weekly July 27, 2002 3179

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms instruction of a denominational kind, we only to religious worship, the recognition 4 Another example that could have been cited are violating the first principle of our Con- is the printing of the words, 'In God we trust' by the state of no minority, whether reli-on every American dollar bill. stitution."56 Here we see at its clearest, one gious, linguistic or sexual, the establish- 5 CAD-X, p 438. understanding of secularism: impartiality ment of a uniform civil code, no political 6 Ibid. to all religions means that the state must safeguards for any minority and no 7 reli-CAD-X, p 447. stay away from all religions. When this gious instruction in any state schools, 8 -Aijaz nor Ahmad, Lineages of the Present, Tulika, . 1996, p 313. article was discussed again in the Constitu- its mirror opposite, claiming a right 9to Ahmad, the p 318. ent Assembly in December 1948, K T Shah practice of religion, state recognition 10 B for Shiva Rao, The Framing of India's went further and demanded that religious religious as well as linguistic minorities, Constitution: Select Documents - Vol IV, personal laws to be included ip fundamen- Government of India Press, Nasik, 1968, p 593, instruction should be banned not only in hereafter cited as SD-IV. educational institutions wholly maintained tal rights, political safeguards for all11 Jawaharlal re- Nehru, cited in T N Madan, Modelrn out of state funds, but also in those which ligious minorities, and religious instruc- Myths, LockedMinds, OUP, Delhi, 1997, p 245. were aided or partly maintained by the state. tion in state schools, captured the require- 12 SD-II, p 16. He said that he did not want education to ments of secularism in'the context of India's 13 SD-II, pp 62-63. 14 CAD-VII, p 865. become a menagerie of faiths.57 Tajamul social diversity. The first position suffered 15 CAD-VII, p 819. Husain said the religious instruction should from a 'statist' conception of nationalism, 16 Ibid only be given at home by one's parents. "giving an inescapably 'statist' orientation 17 SD-II, p 123. Diametrically opposite was the argu- to the very conception of any political 18 K M Munshi, Indian Constitutional Documents, ment of Mohamed Ismail who believed Vol 1, Bharatiya Vidya Bhavan, 1967, p 309. unity across religious communities 19 Ibid.and that "the stability of society as well other as of social divisions".60 It wished 20 CAD-VII,to p 831 the state could be secured through a moralestablish a direct link between the citizens 21 CAD-VII, p 873. background which religion alone andcould the state, by weakening all other 22 CAD-X, p 453. 23 This was proposed by Jaya Prakash Narayan. provide, and it was in the interest ofloyalties the and commitments of individuals. See B Shiva Rao, The Framing of India's state itself to give children a grounding Apart in from neglecting the importance of Constitution - A Study, Government of India religion".58 Thus there ought to be nocultural bar and religious considerations to 2 Press, Nasik, 1968, p 266, hereafter cited as Study. op religious instruction in educational one's identity, this conception of secular- 24 See D E Smith, India as a Secular State, Princeton University Press, New Jersey, 1963, institutions, not even in those run ismexclu- reflected a naive belief in the benign pp 3-8 and 135-38. For Smith "the conception sively by the state, as long as no one nature was of the modern democratic state. The of a secular state involves three distinct but compelled to accept such instruction. second If position was weakened by its fail- interrelated sets of relationships concerning religious instruction was imparted in ure this to provide any avenues for dissent the state, religion and the individual - [between] religion and the individual (freedom of within different religious communities. manner by the state, it would in no way religion), the state and the individual contravene the neutrality or the secular Much more important were two inter- (citizenship), and the state and religion nature of the state. mediate positions in the Constituent As- (separation of state and religion)" p 4. H V Kamath also supported the impart- sembly, one of which sought, for instance, 25 SD-11, p 173. 26 SD-II, p 208. ing of spiritual instruction to the citizens to combine the right to religious worship 27 SD-II, p 140. by the state. The "deeper import of religion and to a uniform civil code with political 28 SD-II, p 187. - the eternal values of the spirit...could be reservation for minorities. This position 29 Processions and marriages were the two imparted by the state without violating the lost, and the one which is reflected in the activities that were specified by most members actualarticles of the Constitution, defined as part of the practice of any religion. principle of secularism".59 Further he 30 SD-II, p 146. pointed to the contradiction between this the right to religion broadly as the right 31 Ibid. article on religious instruction and the to religious practice, but refused to grant 32 CAD-VII, p 8t6. subsequent one on the cultural and edu- political safeguards to religious minorities. 33 Study, p 276. 34 Study, p 277. cational rights of minorities. If on the one Today, we are inclined to favour a 35 SD-II, p 79. hand, the Constitution stated that minori- conception of a secular state as an equal 36 SD-II, p 89. ties were entitled to state aid and recog- respecter of all religions. Can the Constitu- 37 SD-II, p 147. nition to their freely run educational in- ent Assembly debates throw any light on 38 SD-II, p 162. 39 CAD-VII, p 540 stitutions, then how could it also ban whether this conception requires not only 40 Ibid. religious instruction in state aided institu- that religion be defined broadly by the 41 CAD-VII, p 544. tions. The only solution was to say that no state, but also that minorities must be 42 CAD-VII, p 548. pupil could be forced to attend religious granted political safeguards. Is this the 43 SD-IV, p 391. instruction in state aided schools. only way that the state can prevent itself 44 SD-II, p 109. 45 SD-II, p 103. from becoming a Hindu state or will this 46 SD-II, p 113. Conclusion added provision worsen the situation for 47 SD-II, p 412. Indian democracy'? [1 48 CAD-V, p 201. Ever since the Romantics, we have learnt 49 CAD-V, p 260. Notes 50 SD-IV, p 593. that contradictions are not a problem; they 51 Ibid. capture better the complexity of any [A thing. version of this paper was presented on 52 K M Munshi, p 209. But surely a Constitution - a legal September8, docu- 2001, at The Philosophy of the 53 SD-IV, p 600. 54 SD-IV, p 606. ment - has to obey canons of consistency? Indian Constitution' seminar held at Goa. I would 55 Stlud, p 263. like to thank Rajiv Bhargava, Gurpreet Mahajan, Both the no-concern and equal-respect 56 Ibid. Pratap Mehta, Mushirul Hassan. Rochana Bajpai positions on secularism, when constructed and others at that conference.] 57 CAD-VII, p 869. strictly logically by Rajkumari Amrit Kaur 58 Study, p 269. I Constituent Assembly Debates - Vol X, p 439, and B Pocker Sahib, had few takers in the 59 CAD-VII, pp 873-74. hereafter cited as CAD-X. 60 Amartya Sen in K Basu and S Subrahmanyam Constituent Assembly. Most members 2 CAD-X,felt p 441. (eds), Unravelling the Nation, Penguin, New that - neither a position demanding a 3right CAD-X, p 446. Delhi, 1996. p 26.

3180 Economic and Political Weekly July 27, 2002

This content downloaded from 47.31.163.253 on Sat, 04 Jan 2020 11:36:31 UTC All use subject to https://about.jstor.org/terms