"Secularism: A Collective Responsibility, Not Selective," Affirms Former Supreme Court Judge

Former Supreme Court judge, Justice MR Shah, asserted that adherence to secularism is a collective responsibility for all citizens of India, emphasizing that it cannot be selective or limited to any specific religious group. Speaking at an event organized by the Gujarat High Court to celebrate Constitution Day, Justice Shah highlighted the constitutional obligation for everyone, irrespective of their religious affiliation, to practice secularism.

"Secularism cannot be one-sided and or by one religion or community only. It should be adopted by all religions and citizens who stay in India, and it cannot be selective," stated Justice Shah. He underscored the importance of respecting other religions as a formal part of fundamental duties.

Despite constitutional provisions for both fundamental rights and duties, Justice Shah noted a prevalent focus on rights alone. He urged citizens to consider their duties when exercising their rights and raised questions about the responsible exercise of free speech without compromising the dignity of others.

"The question is, when citizens exercise their rights, do they think about their duties? Everyone wants to talk about the rights but not about duties," he remarked.

Justice Shah acknowledged the evolving nature of the Constitution, initially considered a political document but gradually transforming into a social instrument of good governance. He emphasized the complementary relationship between fundamental duties and rights, describing them as two sides of the same coin intended to ensure good governance.

"The former is a negative injunction on the State, and the latter is an obligation on the State and its subjects," he explained.

Justice Shah also drew attention to the Vedas, ancient Indian texts that address principles of equality, mutual respect, and the idea that one person's right implies another's obligation.

"To maintain the rule of law, a judge plays a vital role. His role is to bridge the gap between the law and society. He must be of a justice-oriented approach," noted Justice Shah, stressing the importance of judges in upholding rights and encouraging citizens to fulfill their duties promptly.

He concluded by urging judges to ensure swift justice, emphasizing that justice delayed is justice denied, echoing the principle that both rights and duties are essential for the balanced functioning of the Constitution.

Author: Anushka Taraniya

News Writer, MIT ADT University