Secularism In India
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Secularism In India
With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution of India, Preamble to the Constitution asserted that India is a secular nation. However, the Supreme Court of India in the 1994 case ''S. R. Bommai v. Union of India'' established the fact that India was secular since the formation of the republic.https://indiankanoon.org/doc/60799/?__cf_chl_jschl_tk__=238573f48275b685fc4286d86fb7f8d791b95b89-1605159943-0-AUH3bFyciTLUFhD1SxBDxmdiWyx30gRbc9sKNMEp2AVFRikpp9Yj04upKlxDKg_g67cgonAuoofwtbmSbe7LiFvmdvh1UpVsGEiqmE8NRpW9IZOEaFfi0nC_hORolA9ehgyy8bJ19HFLaV5jtvnCBm9aDQBTp_-rkgKXSxmi5tSu9XKBw1fOvLunDzLkIS1P5Hnoz1yZ6hRi3oBb7brYxYqdXJe-3q0-BNsLFbEaLkO_yaPSbwXcAdvByLdw3yqOivpiMoL6XXvbtnp3IQBCNCtUP6oABTxAbcofz2vMJei_V6_RBiFUFq0DniR6cd7PxtJ-IdP6T6u5yk3b1T-owvbOVfS74wnCJe-ke8RIQXBt The judgement established that there is separation of state and religion. It stated "In matters of State, religion has no place. And if the Constitution of Ind ...
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Forty-second Amendment Of The Constitution Of India
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed as the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and secti ...
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Equality Before The Law
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law. Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". Thus, everyone must be treated equally under the law regardless of race, gender, color, ethnicity, religion, disability, or oth ...
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Muslim Personal Law
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Muslims who married under the Special Marriage Act, 1954. History No evidence records administration of Muslim personal law until 1206 on the Indian peninsula, even Muslim invasions took place during this period. During the reign of Mamluk dynasty (1206-1290 A.D), Khalji dynasty (1290- 1321), the Tughlaq dynasty (1321-1413), the Lodi dynasty (1451 - 1526) and the Sur dynasty (1539- 1555), the court of Shariat, assisted by the M ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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British Raj
The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was himself employed by the British East India company from the age of seventeen until the British government assumed direct rule over India in 1858." * * and lasted from 1858 to 1947. * * The region under British control was commonly called India in contemporaneous usage and included areas directly administered by the United Kingdom, which were collectively called British India, and areas ruled by indigenous rulers, but under British paramountcy, called the princely states. The region was sometimes called the Indian Empire, though not officially. As ''India'', it was a founding member of the League of Nations, a participating nation in the Summer Olympics in 1900, 1920, 1928, 1932, and 1936, and a founding member of the United Nations in San F ...
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East India Company
The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and Southeast Asia), and later with East Asia. The company seized control of large parts of the Indian subcontinent, colonised parts of Southeast Asia and Hong Kong. At its peak, the company was the largest corporation in the world. The EIC had its own armed forces in the form of the company's three Presidency armies, totalling about 260,000 soldiers, twice the size of the British army at the time. The operations of the company had a profound effect on the global balance of trade, almost single-handedly reversing the trend of eastward drain of Western bullion, seen since Roman times. Originally chartered as the "Governor and Company of Merchants of London Trading into the East-Indies", the company rose to account for half of the world's trade duri ...
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Aurangzeb
Muhi al-Din Muhammad (; – 3 March 1707), commonly known as ( fa, , lit=Ornament of the Throne) and by his regnal title Alamgir ( fa, , translit=ʿĀlamgīr, lit=Conqueror of the World), was the sixth emperor of the Mughal Empire, ruling from July 1658 until his death in 1707. Under his emperorship, the Mughals reached their greatest extent with their territory spanning nearly the entirety of South Asia. Widely considered to be the last effective Mughal ruler, Aurangzeb compiled the Fatawa 'Alamgiri and was amongst the few monarchs to have fully established Sharia and Islamic economics throughout South Asia.Catherine Blanshard Asher, (1992"Architecture of Mughal India – Part 1" Cambridge university Press, Volume 1, Page 252. Belonging to the aristocratic Timurid dynasty, Aurangzeb's early life was occupied with pious pursuits. He held administrative and military posts under his father Shah Jahan () and gained recognition as an accomplished military commander. Aurang ...
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Jizya
Jizya ( ar, جِزْيَة / ) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent Kafir, non-Muslim subjects of a state governed by Sharia, Islamic law. The jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' submission to the Muslim state and its laws. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Social Sciences'' 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as ...
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Dhimmis
' ( ar, ذمي ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under ''sharia'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the ''jizya'' tax, in contrast to the ''zakat'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from certain duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Historically, dhimmi status was originally applied to Jews, Christians, and Sabians, who are considered to be "People of the Book" in Islamic theology. This status later also came to be applied to Zoroastrians, Sikhs, Hindus, Jains, and Buddhists. Jews and Christians were required to pay the ''jizyah'' whi ...
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Ashoka's Major Rock Edicts
The Major Rock Edicts of Indian Emperor Ashoka refer to 14 separate major Edicts of Ashoka which are significantly detailed and represent some of the earliest dated rock inscriptions of any Indian monarch. These edicts are preceded chronologically by the Minor Rock Edicts. History Ashoka was the third monarch of the Maurya Empire in India, reigning from around 269 BCE. Ashoka famously converted to Buddhism and renounced violence soon after being victorious in a gruesome Kalinga War, yet filled with deep remorse for the bloodshed of the war. Although he was a major historical figure, little definitive information was known as there were few records of his reign until the 19th century when a large number of his edicts, inscribed on rocks and pillars, were found in India, Nepal, Pakistan and Afghanistan. In India, Places where rock edicts were found are – Kalsi, Uttarakhand; Sopara, Maharashtra; Mount Girnar, Gujarat; Yerragudi, Andhra Pradesh; Dhauli, Odisha; Jaugada, Odisha. T ...
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Ellora Caves
Ellora is a UNESCO World Heritage Site located in the Aurangabad district of Maharashtra, India. It is one of the largest rock-cut Hindu temple cave complexes in the world, with artwork dating from the period 600–1000 CE., Quote: "These 34 monasteries and temples, extending over more than 2 km, were dug side by side in the wall of a high basalt cliff, not far from Aurangabad, in Maharashtra. Ellora, with its uninterrupted sequence of monuments dating from A.D. 600 to 1000, brings the civilization of ancient India to life. Not only is the Ellora complex a unique artistic creation and a technological exploit but, with its sanctuaries devoted to Hinduism, it illustrates the spirit of tolerance that was characteristic of ancient India." Cave 16 features the largest single monolithic rock excavation in the world, the Kailash temple, a chariot-shaped monument dedicated to the god Shiva. The Kailash temple excavation also features sculptures depicting various Hindu deities as well a ...
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