Law, Religion and State: Constitutional Discourse and Judicial Interpretation

Abstract

Separation of law from religion has always been the hallmark of every liberal democracy. It is natural because the purpose of law is to resolve conflicting interests of socio-economic and political issues, whereas religion basically means, a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being. Thus, religion is not merely an opinion, doctrine or belief but it has its outward expression in acts as well. However this outward expression do not necessarily used to resolve disputes. It may end up in socio-political conflict as well.A constitution as suprema lex of any constitutional democracy plays pivotal role in the formation and reformation of constitutional society. it provides basic legal and normative infrastructure for the country. Relying on this assumption the work analyses working of Indian secularism and its conceptual formation in the constitution and how this concept has been interpreted and reinterpreted by judiciary.