Former Supreme Court Justice KM Joseph recently delivered an insightful lecture on the concept of secularism under the Indian Constitution, shedding light on its significance and intrinsic nature. Speaking at an event organized by the Kerala High Court Advocates' Association (KHCAA), Justice Joseph emphasized that although the term "secularism" may or may not not be explicitly stated in the preamble of the Constitution, its essence is deeply ingrained within its provisions.

He highlighted key articles such as Article 14 (Equality before the law), Article 15 (Prohibition of discrimination), Article 16 (Equality of opportunity), and Article 21 (Right to life), asserting that these articles inherently uphold secular values. Justice Joseph argued that the removal of the word "secular" from the preamble would not diminish the equality guaranteed by these fundamental rights.

He emphasized that secularism cannot be eliminated simply by removing a single word, stating, "You cannot eliminate secularism just by dipping your hand in the preamble and kicking that one word out."

Justice Joseph underscored the significance of Articles 25 to 28, which specifically address matters of religion, including the freedom to practice, profess, and propagate religion.

Despite the absence of the term "secularism" during the Constituent Assembly debates, Justice Joseph pointed out that secularism was considered a basic feature of the Constitution, evident through the incorporation of provisions safeguarding religious freedom and equality.

Furthermore, Justice Joseph addressed the issue of using minority communities as vote banks, stating that it undermines the concept of secularism. He emphasized the importance of casting votes dispassionately and rationally, without being swayed by religious or caste-based identities. According to Justice Joseph, religion should remain a private affair, and the politicization of religious identities contradicts the principles of secularism.

In light of recent communal riots in Manipur, Justice Joseph expressed concern over the loss of lives and destruction of religious places, stating that such incidents tarnish the image of secularism in India. He urged for a strong and independent media to counter divisive tendencies and protect the secular fabric of the nation.

Justice Joseph warned against the removal of the word "secular" from the preamble, emphasizing that it could jeopardize democracy and the pluralistic ethos of India.

In conclusion, Justice KM Joseph expressed optimism about the resilience of secularism in India, calling for unity based on fraternity rather than divisions of religion or caste. He emphasized the state's responsibility to protect the lives of all citizens, regardless of their religious or social background, under the principles of secularism enshrined in the Constitution.