Justice Maheshwari: Constitution is Religiously Neutral, Not Narrowly Secular

Supreme Court Justice J.K. Maheshwari emphasized that the Indian Constitution is religiously neutral rather than narrowly secular, ensuring equal respect and protection for all faiths. He highlighted that this principle was a deliberate choice during the drafting process, as suggested by legal experts from Rajasthan. Justice Maheshwari urged that constitutional values must be actively lived and practiced beyond courtrooms, comparing the document's moral authority to religious scriptures. The event also featured discussions on national unity, the role of advocates in justice delivery, and showcased Rajasthan's vibrant cultural heritage.

Key Points: Constitution Religiously Neutral, Not Narrowly Secular: SC Judge

  • Constitution's religious neutrality
  • Equal respect for all faiths
  • Rule of law and constitutional supremacy
  • Lawyers' role in upholding justice
3 min read

Constitution religiously neutral, not secular in narrow sense: Justice Maheshwari

Supreme Court Justice J.K. Maheshwari clarifies the Constitution's stance on secularism as religious neutrality, ensuring equal respect for all faiths.

"The Constitution is not secular in a narrow sense but is religiously neutral. - Justice J.K. Maheshwari"

Jaipur, Dec 27

Supreme Court judge Justice J.K. Maheshwari on Saturday said that the Indian Constitution is not secular in a narrow sense but is religiously neutral, emphasising that it accords equal respect and protection to all faiths.

Speaking on the second day of the 17th National Convention of the All India Advocates Council held in Balotra, Justice Maheshwari said that while discussions were held on the inclusion of the term "secular" in the Preamble, legal experts from Rajasthan had suggested describing the Constitution as religiously neutral - a view that was subsequently accepted.

Referring to the motto "Justice: My Religion", Justice Maheshwari said it was not merely a slogan but a living constitutional truth.

Addressing the third session of the convention on the theme "Unity and Integrity of the Nation: Constitutional Mandate", Justice Maheshwari stressed that the Constitution should not remain confined to courtrooms alone but must be reflected in the conduct of lawyers and citizens alike.

He said that under the rule of law, the Constitution is supreme for people of all religions and serves as a guiding text, comparable in its moral authority to religious scriptures such as the Gita, the Quran and the Bible.

Describing Balotra and Jodhpur as lands known for bravery and unwavering faith, Justice Maheshwari said that constitutional values must not only be preached but also lived and practised in daily life.

Sharing lesser-known facts about the making of the Constitution, he said that Dr. B.R. Ambedkar chaired the Drafting Committee. He noted that the artwork of the original Constitution was done by renowned artist Nandalal Bose, while it was handwritten by Prem Bihari Narayan Raizada using 432 nibs of 303 different varieties.

Justice Maheshwari also displayed images of these nibs through a digital presentation in the seminar hall, adding that the Constitution should be a centre of faith not only for judges and lawyers but also for the general public.

Drawing parallels with the concept of justice associated with the legendary throne of Vikramaditya, he said that in earlier times justice was not only delivered but also accepted by society, reinforcing public trust in governance.

Justice Vineet Kumar Mathur, Justice Sanjeet Purohit and former Rajasthan High Court judge Dr. Vineet Kothari also addressed the session.

Justice Mathur said that the spirit of "Vasudhaiva Kutumbakam" (the world is one family) is clearly reflected in the Preamble of the Constitution, describing its core philosophy as nationalistic rather than individualistic.

Dr. Vineet Kothari said that advocates are the primary wheels of the justice delivery system and that justice cannot function without them. He highlighted the shared responsibility of judges and lawyers in upholding the global credibility of India's judicial system.

National Vice President of the Advocates Council Rajendran D. and several senior members also expressed their views.

The programme began with Ganesh Vandana, followed by an acclaimed Chari dance. Cultural performances, including a sword dance from Porbandar, energetic Bhangra, Mayur dance, Kathak, Rathwa dance and Manganiyar folk music, added colour and vibrancy to the evening.

The cultural presentations introduced advocates from across the country to Rajasthan's rich folk traditions and heritage of valour.

The programme was conducted by Poonam Sharma and advocate Pankaj Awasthi and witnessed a large gathering of advocates and guests.

Several prominent legal personalities attended the convention, including National Organising Secretary Harirao Borikar, National President K. Srinivas Murthy, National Secretary Vikram Dubey, State President Sunil Joshi, State General Secretary Shyam Paliwal, Devkinandan Vyas, Kamlesh Rawal, Senior Advocate Kantilal Thakur, Additional Advocate General Rajesh Panwar, Shyam Ladrecha and Mahaveer Bishnoi.

- IANS

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Reader Comments

P
Priya S
Interesting point about the term being suggested by legal experts from Rajasthan. It's good to learn these historical nuances. The Constitution as our guiding 'Dharma Granth' is a powerful idea we should all embrace.
S
Sarah B
As someone who has studied comparative constitutions, the Indian model of secularism is unique. It's not about separation of church and state, but about the state maintaining an equal distance from all religions. This speech captures that essence well.
R
Rohit P
The part about the Constitution not being confined to courtrooms is crucial. We citizens have a duty to live by its values - justice, liberty, equality. "Justice: My Religion" should be our mantra in daily life too.
K
Karthik V
While I appreciate the sentiment, I respectfully disagree with the narrow vs broad secularism framing. The constitutional principle is clear - state has no religion. This "religious neutrality" must not be interpreted as the state endorsing all religious practices, especially those that conflict with fundamental rights.
M
Meera T
Love the cultural touch with the dances and music! It's a beautiful way to remind us that our unity in diversity is our strength. Vasudhaiva Kutumbakam is not just a phrase, it's in our DNA. The article was informative and colourful! ✨
V
Vikram M

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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