DOI: https://doie.org/10.10399/ES.2026561211
Vani Kataria , Dr. Shaharyar Asaf Khan , Dr. Seema Gupta
India, South Africa, Secularism, constitutionalism, cultural diversity, liberalism, government policies, secular
This paper will undertake a comparative constitutional analysis of secularism and its historic trajectory in India and South Africa. These two sovereign democracies have paved way for secularism despite its complex historical legacies of colonialism and other social divisions. This paper will highlight the different legal frameworks and approaches towards these nations pluralistic society and protected freedom of religion and adopted the concept of secularism. Drawing upon constitutional law, courts interpretations and other scholarly articles, this paper will examine how despite colonial governance and social divide in both these nations, they have adopted secularism in different strides. The analysis also highlights stark different approaches like India’s model of principles distance of states indulgence with religion and south Africa’s transformative constitutional secularism emerged after apartheid period, committed towards freedom of religion, protection of dignity and equality. Special attention will be focused on how these two nations different democracies, how laws around freedom of religion developed and how secular principles shaped and what is the role of state in maintaining this principle of secularism. The research will also explore constitutional neutrality of secularism in both India and South Africa and the intervention of state in religious matters. By analysing both these nations and putting them in a broader comparative framework, the paper will contrite to research on non-western models of secularism and highlight contextual nature of constitutional secular arrangement in diverse democratic societies


