The Idea of "Secularism" in France !

France which is known for Tourist attraction all over the Globe is the Largest Country in Europe also called "the hexagon" due to its six-sided shape. The country is known for More Noble prize winners than any other country and the country also experienced The 20 minutes king "Louis XIX" who ruled for just 20 minutes. The National Motto of the country since 1789 goes with ' Liberty, Equality, Fraternity'. The Army of the country is known for its use of  'Camouflage' during the First World War.

 

ADOPTION OF DEMOCRACY

The history of Democracy in France can be traced through the 3 periods in the history of France: 1. Age of Enlightenment.   2. The French Revolution          3. The Republic

In the 17th Century, The french realized the need for Separation of the 3 powers, freedom of conscience due to religious wars between protestant and catholic Christians, there was no freedom to think and express. Montesquieu was the first to imagine this separation of powers and was highly inspired by Athene's version of democracy during 507 B.C. On June 20th, 1789 the representatives decided to give themselves the Constitution which will give freedom and rights to the citizens and it was completed in 1948 and enacted or adopted in 1958. The First Republic is the name given to the French Republic which disappeared the constitutional Monarchy in 1792 declaring it " one and inseparable". After this, there were a series of republics. Now the present Constitution of France is the Fifth Republic of France.

 

FRENCH CONSTITUTION

To understand the French Constitution, one should keep note that there are various Republic Stages of France which consists of various revolutions. France had 16 Constitution in the past, due to its new constitution in each Republic stage. In fact, France holds The World Record for Constitution-making. The constitution of the Third Republic existed for a very long time. Now the Fifth Republic Constitution is considered successful in operation which was framed under the guidance of " General de Gaulle". The other Republic Constitution failed due to its Monarchy Nature. All the constitution in the past provided rights and freedom but there are instances where there was an introduction of the Monarchy in 1804 by Napolean during the Second Republic, but his strategy: war costed his defeat by the Britishers.  There were many revolutions later, till the Third Republic of France which lasted for 65 years and ended after defeat in the Second World War. During the Fourth Republic of France, France was declared to be Republic(indivisible), Secular. Democratic, Social, and a Parliamentary Form of Government. After the Defeat by Vietnam, there were changes and led to the Fifth Republic of France under the guidance of " General de Gaulle", as he was not in favor of a Parliamentary system rather a Presidential System. Hence led to the powers in the hand of the President.

 

FRENCH CONSTITUTION  VS  INDIAN CONSTITUTION

When we comparatively study the constitution of both the countries, we get to know that the President in France is Superior and the reason why the president in the Fifth Republic of France enjoys a lot of powers is due to Political Instability in the past. France is also known as the ' Laboratory of Political Experiment'.

   President -

France has a unitary form of government known as the "semi-presidential" form of Government, where the Supremacy in Law-making lies with the president. As we have Union list, State List or the Concurrent List, there is a list which allows the Legislature to make laws, whereas anything out of the list is decided and made by the President. This Democratic Constitution of France is based on the Supremacy of the Executive. The Prime Minister in France is assistant to the President unlike in India, which is appointed by the President with the confidence of the House. The President deals with the Foreign Policy and National Concerns, while the Prime Minister deals with the Functions of the Government. The President is elected from an absolute majority. In the First Round of election, only top two candidates are eligible for the Second Round of Election and President are elected from this Second Round with a Majority.

   Cohabitation -

When the PM and President are of different parties, then PM can choose his cabinet colleagues, although Lower House can issue 'Censure of Motion' against PM and his Cabinet leading to Resignation. The President had a fixed term of 9 years, than 7 years,s and now it's 5 years.

   Removal of President -

President can be impeached on the same ground the US president is impeached. And then the President's case will be looked at by the High Court of Justice (deals cases of corruption and conspiracies by ministers against the states.)

   Emergency Power of President -

Article 16 grants powers to the President and these powers are unlimited. This is the case where the President exercises Democratic-Dictatorship.

   Legislature -

Article 37 puts a limitation on Legislature, giving supremacy to the Executive.

   High Council of Justice -

This is for the Nomination of the Judges, which is headed by the President as he is known as the "Guardian of Judiciary".

   Economic and Social Council -

is a constitutional advisory board for economic and social issues.

   Amendment of the Constitution -

As article 368 of the Indian Constitution provides amendment of the constitution, The French Consitution can be amended if both the houses pass a resolution by 3/5th Majority. The President can also choose to refer the amendment to the Public by allowing the Voting system.

 

THE IDEA OF "SECULARISM" IN FRANCE

To understand French Secularism Let's move back to the "1905 French Law on Separation of Church and State". Prior to the French Revolution during 508 AD, Catholicism was the state religion of the State. There was the separation of the state later, again Napolean re-established the Catholic Church as State-Religion. There was continuous stress among the catholic and protestants. Hence, there was the Separation of Church and the State (loi sur la séparation de l'Église et de l'État), which was the beginning of French-Secularism. This 1905 law stated that France is Secular, it does not promote any religion. From that period Religion in France is to be practiced in the Private sector and not in Public Places. People have freedom of Conscience and Religion, but not in Public Places. This led to the introduction of the word "Secular"( laïque) and "Secularism"(laïcité).

So Secularism or laïcité for France is Neutrality of State towards religious beliefs, complete isolation of religion from public spheres. This means that Religion will not interfere in the working of the Government and the Government will not interfere in Religion. According to France, It does not support any religion, that is No Religion will be practiced in Public Places. There will be no Faith or Religious Beliefs advertised in Public Places. When people will be in public places they must be known as the Citizens of France and nothing else, since 1905. However, this does not apply to Alsace and Moselle ( places in France). As in 2004, wearing of Head-scarf(hijab) by Muslim Women, wearing of Skull-Cap by the Jews, or wearing of Crucifix by Christians, or Turbans by Sikhs was banned. (symbols which are visible in public are banned). The Interpretation of the French Concept of Secularism means that Public life must not be connected with any religion it must only be the French Citizen. As a result of recent Upcoming Law on "Freeing Islam in France" that having control over the Mosque like the Church so that these religious institutions will be funded by government and government can keep an eye on the Religious Practices in Public Places and the National Security of the Country. The measures include placing mosques under greater control and requiring that imams are trained and certified in France. The aim would be to “liberate French Islam from foreign influences”, he said, particularly funding. Islamic organizations that receive funding from the French state will have to sign a “secular charter”.

 

COMPARING FRENCH VERSION WITH INDIAN SECULARISM

The Indian version of Secularism is totally opposite to that of the French. Indian Secularism promotes all religions in the public too, that is to profess, propagate, and practice religion in every public sphere. In India, every religion can establish religious institutions and practice the same. Every religion in India lives together with equality and unity while in the French version, Every individual lives together with one identity, as the Citizen of France.

 

SHOULD RELIGIOUS SYMBOLS BE BANNED IN PUBLIC PLACES?

This was held in the European Parliament :

LAWS IN FRANCE

The Laws in France leave a remark that How important is French Culture, French Language, and French People to France than any Religion or Culture. France Inspires other Countries to Preserve their Culture, Language, and Subjects.

 

1.     You can marry a dead Person - Article 171 of the Civil Code. ( not a

Loophole for getting Citizenship), If the President approves your marriage

then you might get citizenship.

2.  It was illegal to wear pants for women until 2013.

3.  40% of music on radio must be in the French Language - preserve its

language and culture as youngsters are influenced by American and British

Culture.

4.  No Alcohol in Work Places ( except beer,etc.)

5.  Unlimited Ketchup, Mayonnaise banned in schools - to promote a healthy

lifestyle.

6.  No remedy if your Family member steals your property - Article 311,312

i.e. family members are above law.

7.  Parents can prevent their adult children from getting married - Article 173

of civil code.

8.  Illegal to not inherit your property to your children - Article 912 of French

civil code.

9.  First Cousin Marriage are Legal - Article 161 and 164.

10. Every animal on the train must buy a ticket - A passenger carrying snail was

fined for not purchasing tickets for the snail.

11. Illegal to die in town of Cugneaux, Sarpourenx and Lavandou.

12. Illegal to fly over Chateauneuf du pape.

13. Illegal to give your child funny names e.g. Nutella, Mini-copper,etc..

14. Potatoes were once banned in France.

15. Child Beauty pageant is illegal.

16. Religious symbols banned in Public School.

17. Islamic (burka),(niqab),(burkini = burka + bikini) banned in Public

places, beaches.

18. Breathalyzer compulsory in every vehicle.

19. Taking photos with Eiffel Tower when illuminated in Night is banned - As

it infringes the copyright of the Artist work of Illumination, also the artists are

alive till date so it might fall in the public domain 70 years after the Artist's

death. Although taking pictures with Eiffel Tower is in the public domain as the creator's death crossed 70 years and it fell in the public domain.

20. You can write Cheque on Toilet Paper.

21. Super Skinny Models are banned - to reduce anorexia which affected french

women.

22. Responding to emails on weekends is banned.

23. Wasting Food or Plastic Banned.

24. Gender biased insults banned.

25. Promoting family members in parliament banned.

26. Cryptocurrencies banned.

27. The Word "Hashtag" is banned - to preserve the French language, other 5000 English words banned.

28. Cellphones in School banned.