THE HINDU
What the courts miss in the Constitution
19TH Feb 2017
distinctiveness (विशिष्िता) remain painfully elusive (पररहारकारी).
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Indian secularism (धर्मनिरपेक्षता) continues to be misunderstood. Its nuance (अंतर या भेद), complexity (जटिलता) and
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Consider the recent Supreme Court judgment, Abhiram Singh v. C.D. Commachen, pertaining (से सम्बद्ध) to the
Representation of the People Act, Section 123(3) in which one of the learned judges, Justice T.S. Thakur, correctly
notes that the courts must remain sensitive to India’s constitutional ethos(स्िभाि) to which secularism is integral.
Citing S. Radhakrishnan and several court judgments, Justice Thakur then expounds (सर्झािा) the meaning of
secularism: a secular state must not identify with any one religion or be controlled by it. It is neither pro-this or that
god nor anti-god.( यह ि तो सर्र्मक इस या उस दे िता है और ि ही विरोधी भगिाि।)
This is spot on because such identification accords (सर्झौते) privileged recognition (पहचाि) to one religion, which
violates the principle of equality. After all, one implication of any privileged recognition is lesser recognition to other
religions, reducing them to secondary status. This is blatantly (दो िूक,ऊधर् के सार्) discriminatory. Besides, such
privilege encourages other forms of disabilities in the non-religious social and political domain, inducing a vicious
(अिैनतक) cycle of discriminations that cannot be tolerated in democracies. This, the judge concludes, “necessarily
Flip side of the same coin
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implies that religion will not play any role in the governance of the country”. The “encroachment (दख़लंदाजी) of
religion into secular activity of the state is strictly prohibited”.
A second feature of Indian secularism, the judge says, is that it does not reject religion. A secular state does not
entail (के बारे र्ें होिा,अपररहायम होिा) the denial of “reality of an unseen spirit or the relevance of religion to life or that
we exalt (प्रिंसा करिा) irreligion”. On the contrary, the state must guarantee everyone the freedom to practice,
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profess and propagate (ढोंग और प्रचार) their religion. This is the flip side of the same coin. The prohibition on ‘mixing
state power and religion’ entails that the state is under obligation to not encroach upon the free exercise of religion.
In short, a state is secular if religion and state power are ‘kept apart’, strictly separated from each other and when
this separation is required to protect inter-religious equality (अंतर-धाशर्मक सर्ािता), non-discrimination (गैर-भेदभाि),
and the fullest possible exercises of religious freedom.
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Though partly correct, this interpretation misses the truly distinctive (वििेष) feature of Indian secularism. While the
judgment fittingly rejects the identification of a secular state with any one particular religion or non-religious
philosophy, it injudiciously(अवििेकपर्
ू म ढं ग से) concludes that this implies that neither religion nor state can play any
role in each other’s affairs. But the Indian Constitution allows the state to play a legitimate (विधध सम्र्त, न्यायसंगत)
role in the affairs of religion. Likewise, it permits religious considerations to sometimes enter governance. Unlike the
rhetoric (िब्दाडंबरपर्
ू ,म िक्रपिुता) and ideology of the American wall of separation, in India legitimate principled
intervention of the state in religion and vice versa is constitutional. The two are distanced but not completely
separated.
Religion in governance
For a start, state intervention does not always prohibit but rather facilitates the free exercise of religion. The
recognition of a religious community is a positive act on the part of the state. Granting rights to religious minorities
(Article 25 and 26) is a form of state intervention. Thus, religious minorities can set up and maintain their own
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educational institutions, something large religious communities routinely do without the need for special rights.
Moreover, all religious groups, small or large, have equal opportunity to avail of subsidies (सहायकी) by the state to
run their schools and colleges. Similarly, the Indian state decides which special days associated with religion are to
be declared national holidays. All such decisions are based on religious considerations and are integral to
governance. Therefore, to say that religion does not play any role in the governance of the country is simply wrong.
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Second, if hierarchical (िगीकृत) caste structure and patriarchy (वपत्तंत्रात ्र्क) are intrinsic(असली) to the doctrine and
practice of religions, then the constitutional ban on untouchability, the opening of temples to all Hindus regardless
of their caste and gender, and the past/ future judicial reform of Hindu/ Muslim Personal Law demonstrates that the
state can legitimately impinge (ठोकर खािा) on religion. It can do so also if religion or caste-based communalism
disrupts social harmony. Indian secularism is hostile not to religion but to caste- and religion-based communalism.
The same values — freedom, equality and social harmony — that prohibit the state from encroaching upon religion
also allow it to intrude (दखल दे िा) in it and permit the entry of religious considerations into the state.
In short, a distinctive feature of Indian secularism is that it rejects the ‘wall of separation’ but demands that the state
keep a ‘principled distance’ from all religions. It requires that the state has a value-based engagement with or
disengagement from religion. Indian courts must endorse and espouse principled distance and drop the tired
rhetoric of strict separation.
1.
Nuance
a subtle difference in or shade of meaning, expression, or sound.
synonyms:
fine distinction, subtle distinction/difference, shade, shading, gradation, variation, modulation,
degree;
subtlety, nicety, refinement, overtone
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2.
Complexity
Synonyms and Antonyms of complexity
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the state or quality of having many interrelated parts or aspects <the complexity of the company's computer system
is such that a full-time repairman is needed>
Synonyms complexness, complicacy, complicatedness, complication, elaborateness, intricacy, intricateness,
involution, knottiness, sophistication
Related Words diversity, heterogeneity, heterogeneousness, multifariousness; impenetrability, incomprehensibility,
inexplicability
Near Antonyms simplification; homogeneity, uniformity
Antonyms plainness, simpleness, simplicity
Ab
something that makes a situation more complicated or difficult <the political complexities that the secretary-general
must deal with>
Synonyms complication, complicacy, convolution, difficulty, intricacy
Related Words aftereffect, ramification, side effect (also side reaction); subtlety, technicality; annoyance, bitch,
bother, headache, inconvenience, matter, trouble
3.
Distinctiveness
Synonyms and Antonyms of distinctiveness
the quality or state of being different <the pronounced distinctiveness of his style of playing the violin>
Synonyms contrast, disagreement, discrepancy, disparateness, disparity, dissimilarity, dissimilitude, distance,
distinction, difference, distinctness, diverseness, diversity, otherness, unlikeness
Related Words deviance, divergence; differentiability, discriminability, distinguishability; change, modification,
variation; conflict, discord, discordance, dissension (also dissention), dissent, dissidence, disunity, friction, strife;
variability, variance; anomalousness, dichotomy, incompatibility, incongruence, incongruity, incongruousness,
nonconformity; disproportion, imbalance, inequality, nonequivalence
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Near Antonyms identicalness, identity; accordance, agreement, conformity, congruity, correspondence, parallelism,
similitude; equality, equivalence, equivalency; homogeneity, homogeneousness, uniformity
Antonyms alikeness, analogousness, analogy, community, likeness, resemblance, sameness, similarity
5.
Pertaining
Synonyms and Antonyms of pertain
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4.
Elusive
Synonyms and Antonyms of elusive
hard to find, capture, or isolate <the giant squid is one of the ocean's most elusive inhabitants>
Synonyms evasive, fugitive, slippery
Related Words cagey (also cagy), shifty; ephemeral, evanescent, fleeting, impermanent, momentary, passing, shortlived, temporary, transient, transitory; inaccessible, inconvenient, unapproachable, unattainable, unavailable,
unobtainable, unreachable, untouchable
Near Antonyms accessible, approachable, attainable, available, convenient, obtainable, reachable
to be the property of a person or group of persons <the belief that quality medical care is a right that pertains to
everyone>
Synonyms appertain, belong
Related Words have, hold, own, possess
to have a relation or connection <a person who is an expert in anything pertaining to the history of the American
theater>
Synonyms appertain, bear, apply, refer, relate
Related Words affect, concern, interest, involve, touch; associate, connect, couple, interrelate, link, tie in; deal
(with), treat
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6.
Ethos
Synonyms and Antonyms of ethos
the code of good conduct for an individual or group <rigorous self-discipline was central to the ethos of the ancient
Spartans>
Synonyms ethics, morality, morals, norms, principles, standards
Related Words customs, dictates, etiquette, manners, mores, values; beliefs, dogma, faith, tenets
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7.
Expounds
Synonyms and Antonyms of expound
Ab
to make known (as an idea, emotion, or opinion) <a rambling interview in which the celebrated author expounds his
views on an array of topics>
Synonyms air, express, give, look, raise, sound, state, vent, ventilate, voice
Related Words advertise, announce, declare, enounce, enunciate, proclaim, say; broadcast, circulate, disseminate,
publish; describe, write, write up; sound off, speak out, speak up; chime in; communicate, convey, put across, put
over; offer, submit
Near Antonyms censor, restrain, restrict
Antonyms stifle, suppress
to make plain or understandable <at the start of the trial the judge expounded the legal difference between libel and
slander to the jury>
Synonyms clarify, clear (up), construe, demonstrate, demystify, elucidate, explicate, explain, get across, illuminate,
illustrate, interpret, simplify, spell out, unriddle
Related Words decipher, decode; analyze, break down; disentangle, undo, unravel, unscramble, untangle; resolve,
solve; define, specify; annotate, commentate, gloss
Near Antonyms befog, cloud; confound, confuse, obfuscate
Antonyms obscure
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8.
Accords
Synonyms and Antonyms of accord
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a formal agreement between two or more nations or peoples <hoped to bring about a peace accord between the
warring nations>
Synonyms treaty, alliance, compact, convention, covenant, pact
Related Words entente, entente cordiale; bargain, bond, charter, concord, contract, deal, settlement,
understanding; projet
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a state of consistency <this undated map doesn't seem to be in accord with the current layout of the streets>
Synonyms conformity, accordance, agreement, conformance, congruence, congruency, congruity, consonance,
harmony, tune
Related Words compatibility; assimilation, integration; oneness, solidarity, togetherness; affinity, empathy,
sympathy
Near Antonyms contrast, discrepancy, disparateness, disparity, dissimilarity, distinction, distinctiveness, distinctness,
diverseness, diversity, unlikeness; deviance, divergence; discord, discordance, dissension (also dissention), dissent,
dissidence, disunity, friction, strife; variability, variance; incompatibility
Antonyms conflict, disagreement, incongruence, incongruity, incongruousness
an arrangement about action to be taken <the judges have reached an accord: the match will have to be replayed>
Synonyms agreement, bargain, compact, contract, convention, covenant, deal, disposition, pact, settlement,
understanding
Related Words charter, treaty; binder, pledge, promise; alliance, association, entente, entente cordiale, league,
partnership; acceptance, approval, assent, concurrence, consent, OK (or okay)
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9.
Recognition
the action or process of recognizing or being recognized, in particular:
synonyms:
identification, recollection, recall, remembrance
"he stared at her, but there was no sign of recognition on his face"
identification of a thing or person from previous encounters or knowledge.
"she saw him pass by without a sign of recognition"
synonyms:
identification, recollection, recall, remembrance
"he stared at her, but there was no sign of recognition on his face"
acknowledgement of the existence, validity, or legality of something.
"the unions must receive proper recognition"
synonyms:
acknowledgement, acceptance, admission, conceding, concession, granting; realization, awareness,
consciousness, knowledge, perception, appreciation, understanding, apprehension, cognizance
"his recognition of his lack of political experience"
official approval, certification, accreditation, endorsement, sanctioning, validation, ratification
Ab
10.
Vicious
Synonyms and Antonyms of vicious
extreme in degree, power, or effect <a vicious winter storm ripped through the region>
Synonyms acute, almighty, blistering, deep, dreadful, excruciating, explosive, exquisite, fearful, fearsome, ferocious,
fierce, frightful, furious, ghastly, hard, heavy, heavy-duty, hellacious, intensive, keen, profound, terrible, vehement,
intense, violent
Related Words accentuated, aggravated, concentrated, deepened; emphasized, enhanced, heightened, intensified,
magnified; stressed; exhaustive, thorough; harsh, rigorous, severe
Near Antonyms feeble, weak; shallow, superficial; moderated, qualified; alleviated, eased, lightened, toned (down);
abated, decreased, diminished, lessened, reduced, subdued
Antonyms light, moderate, soft
having or showing the desire to inflict severe pain and suffering on others <she made a vicious effort to destroy the
lives of the people who had wronged her>
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Synonyms atrocious, barbaric, barbarous, brutal, brute, butcherly, fiendish, heartless, inhuman, inhumane, sadistic,
savage, truculent, cruel, wanton
Related Words hard-hearted, ironhearted, merciless, pitiless, ruthless, stonyhearted, unfeeling; fell, ferocious, grim;
bloodthirsty, cutthroat, murderous, sanguinary, sanguine; catty, despiteful, hateful, malevolent, malicious, malign,
malignant, mean, nasty, spiteful, vindictive; draconian, draconic, hardhanded, harsh, heavy-handed, oppressive
Near Antonyms tender, warm, warmhearted; charitable, clement, lenient, merciful, pitying; pacific, peaceable,
peaceful
Antonyms benign, benignant, compassionate, good-hearted, humane, kind, kindhearted, sympathetic,
tenderhearted
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11.
Entail
Synonyms and Antonyms of entail
to have as part of a whole <a lavish wedding entails extensive planning and often staggering expense>
Synonyms carry, comprehend, contain, embrace, encompass, include, involve, number, subsume, take in
Related Words comprise, consist (of); bracket; have, hold, own, possess; admit, receive; compose, constitute, form,
make; assimilate, embody, incorporate, integrate
Near Antonyms ban, bar, debar, preclude, prevent, prohibit; deny, refuse, reject; eliminate, except, rule out; lose,
mislay, misplace
Antonyms exclude, leave (out), miss out [British], omit
12.
Exalt
Synonyms and Antonyms of exalt
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to assign a high status or value to <popular support and media hype have exalted Super Bowl Sunday to the level of a
national holiday>
Synonyms aggrandize, canonize, deify, dignify, elevate, ennoble, enshrine, ensky, enthrone, glorify, magnify
Related Words boost, lift, promote, raise, upgrade, uplift; heighten, intensify; idealize, romanticize, sanitize,
sugarcoat; acclaim, extol (also extoll), honor, laud, praise
Near Antonyms belittle, decry, depreciate, detract, disparage, minimize
Antonyms abase, degrade, demean, humble, humiliate
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to proclaim the glory of <monstrous, gaudy gambling palaces that seem to exalt the very notion of excess>
Synonyms bless, carol, celebrate, emblazon, praise, extol (also extoll), glorify, hymn, laud, magnify, resound
Related Words adore, belaud, deify, idolize, worship; acclaim, applaud, commend, compliment, hail, renown, salute;
chant, cheer, eulogize, rhapsodize; cite; flatter; crack up, recommend, tout
Near Antonyms blame, censure, reprehend, reprobate; criticize, reprove; admonish, chide, keelhaul, rebuke,
reprimand, reproach; castigate, lambaste (or lambast)
13.
Distinctive
Synonyms and Antonyms of distinctive
Ab
being not of the same kind <she seems to alternate between two distinctive hairstyles>
Synonyms disparate, dissimilar, distant, distinct, different, distinguishable, diverse, nonidentical, other, unalike,
unlike
Related Words divers, miscellaneous, mixed, several, sundry, variant, varied, various; differentiable, discriminable;
alternate, alternative, individual, particular, peculiar, single; disproportionate, divergent, unequal
Near Antonyms equal, selfsame; equivalent, tantamount; akin, analogous, comparable, homological, homologous,
related; homogeneous, homogenous, uniform
Antonyms alike, identical, indistinguishable, kin, kindred, like, parallel, same, similar
serving to identify as belonging to an individual or group <the distinctive odor of a barnyard>
Synonyms classic, diagnostic (also diagnostical), discriminating, distinct, characteristic, distinguishing, identifying,
individual, peculiar, proper, symptomatic, typical
Related Words idiosyncratic; identifiable, pronounced, unmistakable; general, generic; common, normal, regular,
usual; especial, particular, special, specific; archetypal (also archetypical), model, paradigmatic
Antonyms atypical, nontypical, uncharacteristic, untypical
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14.
Injudiciously
Synonyms and Antonyms of injudicious
showing poor judgment especially in personal relationships or social situations <lost a job because of an injudicious
comment regarding the boss's toupee>
Synonyms brash, graceless, ill-advised, imprudent, inadvisable, indelicate, indiscreet, tactless, undiplomatic, unwise
Related Words dumb, idiotic (also idiotical), moronic, stupid; careless, heedless, inconsiderate, mindless,
thoughtless; ill-mannered, improper, inappropriate, indecorous, unbecoming, uncivil, unseemly; foolish,
harebrained, nonsensical, preposterous, senseless, silly
Near Antonyms intelligent, logical, rational, sensible, smart, sound; appropriate, becoming, civil, decorous, proper,
seemly; sage, sane, sapient
Antonyms advisable, discreet, judicious, prudent, tactful, wise
15.
Legitimate
Synonyms and Antonyms of legitimate
permitted by law <the mistrust created among investors by the financial scandal has hurt even companies engaged
in wholly legitimate business practices>
Synonyms lawful, legit [slang], legal, licit
Related Words allowable, authorized, noncriminal, permissible; justifiable, warrantable; constitutional; de jure,
regulation, statutory; good, innocent, just, proper, right
Near Antonyms bad, corrupt, evil, immoral, iniquitous, reprobate, sinful, wicked, wrong; banned, criminal, forbidden,
guilty, impermissible, outlawed, prohibited, unauthorized, unjust; under-the-counter, under-the-table;
nonconstitutional, unconstitutional
Antonyms illegal, illegitimate, illicit, lawless, unlawful, wrongful
16.
Rhetoric
Synonyms and Antonyms of rhetoric
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language that is impressive-sounding but not meaningful or sincere <the mayor's promise to fight drugs was just
rhetoric, since there was no money in the city budget for a drug program>
Synonyms bombast, fustian, gas, grandiloquence, hot air, oratory, verbiage, wind
Related Words claptrap, drivel, gibberish, hogwash, humbug, jabberwocky, jazz, moonshine, nonsense; affectedness,
floweriness, grandiosity, loftiness, pomposity, pretension, pretentiousness; garrulity, garrulousness, verboseness,
verbosity, windiness, wordiness
Ab
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the art or power of speaking or writing in a forceful and convincing way <great leaders have often been masters of
rhetoric, which they have used for both good and ill>
Synonyms articulacy [chiefly British], articulateness, poetry, eloquence
Related Words expression, expressiveness; declamation, elocution, oratory; cogency, force, forcefulness,
meaningfulness, persuasion, persuasiveness; ardor, emotion, fervency, fervidness, fervor, heat, intensity, passion,
power, vehemence, warmth
Antonyms inarticulateness
17.
Subsidies
Synonyms and Antonyms of subsidy
a sum of money allotted for a specific use by official or formal action <government subsidies for farmers in case of
crop failure>
Synonyms allocation, allotment, annuity, entitlement, grant, appropriation, subvention
Related Words aid, assistance, block grant, grant-in-aid, set-aside; foreign aid, relief, state aid; advance, allowance,
benefit, bequest, endowment, fund, legacy, stipend, trust, trust fund
18.
Hierarchical
of the nature of a hierarchy; arranged in order of rank.
19.
Intrinsic
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Synonyms and Antonyms of intrinsic
being a part of the innermost nature of a person or thing <the question of whether people have an intrinsic sense of
right and wrong>
Synonyms built-in, constitutional, constitutive, essential, hardwired, immanent, inborn, inbred, indigenous, ingrain,
ingrained (also engrained), innate, integral, inherent, native, natural
Related Words basic, deep-rooted, elemental, fundamental; congenital, hereditary, inherited, inmost, inner, interior;
internal; characteristic, distinctive, peculiar; habitual, inveterate; normal, regular, typical
Near Antonyms alien, foreign; accidental, coincidental, incidental; acquired, adscititious; superficial, surface;
exterior, external
Antonyms adventitious, extraneous, extrinsic
21.
Intrude
Synonyms and Antonyms of intrude
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20.
Impinge
Synonyms and Antonyms of impinge
to come into usually forceful contact with something <hail was noisily impinging upon the car's exterior>
Synonyms bang, bash, bump, collide, crash, impact, hit, knock, ram, slam, smash, strike, swipe, thud
Related Words bounce, carom, clunk, glance, rebound, ricochet, skim, skip; contact, land, touch; brush, graze, kiss,
nudge, scrape, shave, sweep; bulldoze, jostle, muscle, press, push
Near Antonyms miss, skirt
to cause a disruption in a conversation or discussion <forgive me for intruding, but I think I know where that
restaurant is>
Synonyms break in, chime in, chip in [chiefly British], cut in, interpose, interrupt
Related Words barge (in), bother, horn in; add, contribute, put in
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to interest oneself in what is not one's concern <the story of a would-be matchmaker who intrudes into the lives of
her friends>
Synonyms butt in, interlope, intermeddle, interfere, meddle, mess, muck (about or around), nose, obtrude, poke,
pry, snoop
Related Words intercede, interpose, intervene; barge (in), chisel (in), encroach, infringe, invade, trespass; fiddle,
fool, monkey, play, tamper
Near Antonyms avoid, eschew, shun; disregard, ignore, neglect, overlook
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Source :- The Hindu
http://www.thehindu.com/opinion/op-ed/what-the-courts-miss-in-the-constitution/article17326290.ece
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