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16. In a democratically governed society under the Constitution, public institutions have an important role in shaping the society. They not only discharge public functions as dictated by the Constitution, but they also have the obligation to shape society based on Constitutional moralities and values. Indian polity and society will have to be evolved upon secular lines, adopting neutrality in the treatment of religions and not by rejecting any religion. The State and its instrumentalities and public functionaries must discharge their functions without showing any distinction based on religion, caste or creed. In a secular democratic State, no institution can survive unless the institution follows the virtues of constitutional morality. Secularism as a value needs to be reflected upon public governance and on the character of every institution discharging public function. The idea of secularism in the Constitution is the result of the acceptance of the character of a pluralist society composed by people having diverse interests. In a pluralist society, people enter into a social contract to live together equally without allowing dominance of any of the constituents over others. Secularism as envisaged in our Constitution epitomize the shared culture of the past.

W.P.(C).No.25006/2017 -:22:-

23. Exclusivism or preference of one religion over others by State or public functionaries or private bodies, while discharging public functions, strikes at the very root of the fundamental values of our Constitution, namely, secularism. It negates neutrality, promotes discrimination and denies equal treatment. Private schools which are required to have recognition from State must not promote one religion over others. The exclusive promotion of a particular religion by private educational institutions defies the secular character of the Constitution and denies constitutional value and morality. An individual or a group or a denomination have the freedom to express and to promote and practice their religion. That freedom is not available to a private body while discharging a public function. In a pluralist society like India, which accepts secularism as the basic norm in governing secular activities including education, there cannot be any difficulty in imparting religious instruction or study based on religious pluralism. What is prohibited is exclusivism. In Aruna Roy's case [(2002) 7 SCC 368], the Apex Court at para.71 held as follows: