UPSC Mains 2024 GS2 Q15: model answer
Discuss India as a secular state and compare with the secular principles of the US constitution.
What the question wants
Features of Indian secularism and comparison with the US model.
How to structure it
Intro: The word 'secular' was added to the Preamble by the 42nd Amendment (1976). Body: (1) Indian secularism: provisions; (2) Nature; (3) US secularism; (4) Comparison. Conclusion: India's model suits a deeply religious.
- 1(1) Indian secularism: provisions
- 2(2) Nature
- 3(3) US secularism
- 4(4) Comparison
Model answer
The word 'secular' was added to the Preamble by the 42nd Amendment (1976), but the Constitution was secular from the start. S.R. Bommai (1994) declared secularism part of the basic structure.
Indian secularism: provisions
- Equality and non-discrimination on grounds of religion (Arts. 14, 15, 16).
- Freedom of conscience and religion, subject to public order, morality and health (Art. 25).
- Freedom to manage religious affairs (Art. 26); no tax for promoting a religion (Art. 27); no religious instruction in State-funded institutions (Art. 28).
- Cultural and educational rights of minorities (Arts. 29, 30).
Nature
- Not a strict wall: the State keeps a 'principled distance', engaging with religion when needed for reform or equality.
- Reform laws: Hindu Code Bills, temple entry, abolition of untouchability (Art. 17), ban on triple talaq (2019).
- State support: aid to minority schools, management of temple boards, Haj arrangements.
US secularism
- First Amendment: Congress shall make no law respecting an establishment of religion (Establishment Clause) or prohibiting its free exercise.
- No state funding of religious instruction; prayer in public schools barred (Engel v. Vitale, 1962), though recent rulings like Kennedy v. Bremerton (2022) have softened this.
Comparison
- US: separation; State stays out of religion. India: engagement; State can intervene for reform.
- US: no group rights; India: special minority rights.
- US: personal laws uniform; India: religion-based personal laws continue, with a Uniform Civil Code only as a Directive Principle (Art. 44).
India's model suits a deeply religious, plural society, but it must be guarded against communalism of every kind.
Keywords, cases and data to drop in
42nd Amendment S.R. Bommai principled distance Arts. 25–30 Establishment Clause wall of separation
Where most answers lose marks
- Saying India follows the Western model.
- No comparison.
Same theme in Prelims
'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, orders and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced.
Based on the above, select the correct conclusion from the options given below :
Answer (d) & explanation
Only Y's view is correct (d). Article 13(3)(a) defines "law" to include any Ordinance, order, bye-law, rule, regulation, notification, and custom or usage having the force of law in India. So Y is right that custom is included. Option (a) is wrong: X rejected custom, so his view as a whole fails. Option (b) is wrong: Y's view matches the text. Option (c) is wrong: X's view is not fully correct.
Notice why it matters: Article 13 makes any law, including a custom, void if it violates Fundamental Rights. This is the root of judicial review in India. Courts have struck down discriminatory customs on this basis. Whether personal laws are "law" under Article 13 is still debated.
option (c) tempts you because X's first half is true. UPSC judges the whole view, and X's refusal on custom makes it wrong.
Answer as per the official UPSC answer key.
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy ?
Answer (d) & explanation
The Supreme Court placed the Right to Privacy under Article 21 (d). In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge Bench held that privacy is part of the right to life and personal liberty under Article 21, and also flows from the freedoms in Part III. It overruled the older M.P. Sharma (1954) and Kharak Singh (1962) rulings. Option (a) is wrong: Article 15 bans discrimination. Option (b) is wrong: Article 16 gives equal opportunity in public jobs. Option (c) is wrong: Article 19 lists six freedoms, such as speech.
Notice that most new rights, such as food, shelter, livelihood and a clean environment, came through Article 21. Parliament later passed the Digital Personal Data Protection Act, 2023.
Answer as per the official UPSC answer key.
Fresh examples from current affairs
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In a judgment of 15 October 2026, the Supreme Court said that the right to access and use the internet is a fundamental right of every person, children included, under Article 21 read with Article 19(1)(a). So the answer to online danger is not to lock children out but to go after the abusive content and the platforms that fail to remove it. The Court ordered a National Hash and URL List Database, two-hour reporting of unknown abuse material, and loss of revenue for platforms that profit from it through paywalls.
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Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP_CSM_2024_GenStud_II_03102024.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.