 Articles 25 to 28 of the Indian Constitution offer rights relating to freedom of religion to all. However, the State has power to regulate socioeconomic matters.

 Articles 14, 15, 16, 17, 44 and 51A, by implication prohibit the establishment of a theocratic state.

 In the Kesavananda Bharati case the Supreme Court (SC) had declared secularism as a part of the basic structure of the Constitution. This was reiterated in the Bommai case. Alongside, the Court upheld the right of the State to make laws regulating the secular affairs of temples, mosques and other places of worship as also power of the parliament to form and rationalize personal laws.

 Section 123(3) of Representation of Peoples Act 1951 prohibits political parties from fighting elections on the basis of religion. This is a check to contain communal forces from polarizing voters.

 In Ismail Faruqui v. Union of India, SC held secularism to be one facet of right to equality.

Challenges:

 Despite a secular Constitution there exists, mutual misunderstanding and intolerance between sections of people of different religions, faiths and beliefs.

 Frequent recourse to revivalist events such as Ghar Wapsi etc. breeds fear amongst the minorities against majoritarianism.

 Incidents of communal clashes, hatred, and violence are a blot to a multi-religious and multi-cultural Indian society.

 Scope for religious organization(s) to influence State and political decision making.

 Religious hate speech, falsification of history and dissemination of wrong information amongst the masses.

 Display of Bigotry among different factions of society for personal gains.