인도의 문화다양성에 관한 헌법적 수용과 편입

India is a multi-cultural country with diverse social and cultural elements and a federated country as unit of state. The Constitution of India sets secularism and democracy as the basic identity of the state and guarantees the freedom and equality of all individuals and all groups regardless of religion, caste and language. For this reason, the Constitution of India basically consists of provisions having secularist tendencies. Meanwhile, the Constitution of India contains some provisions that indicate cultural differences as well as cultural discrimination due to the wide social and cultural diversity based on religion, caste and languages. A constitutional acceptance or incorporation of cultural diversity are basically derived from the distinction between mainstream and minority groups based on various factors as like religion, caste and language in Indian society. And two streams of Indian nationalism, liberal conservatism and social conservatism, deepened into the distinction between mainstream and minority groups in the issue of national unity. The distinction between mainstream and minority groups by these two aspects was often politically considered the same meaning as the distinction between Hindu and non-Hindu. In the process of constitutional enactment, the provisions for protection of certain group as like religious minority, linguistic minority, Schedule Caste(SC), Scheduled Tribe(ST), Other Backward Class(OBC) were adopted or incorporated into the Constitution of India in order to harmonize the two conflicting national goals between ‘national integration’ and ‘protection of cultural diversity’. However, constitutional provisions containing a will of the national integration have been mainly concentrated on mainstream of Hindu. Such provisions are in conflict with the preamble of the Indian Constitution, which has same legal effect such as the general provisions of the Constitution. Accordingly, this paper firstly examines the background of the constitutional acceptance or incorporation of cultural diversity. And this paper analyzes the constitutional provisions that show differences and discrimination of cultural diversity though various legal perspectives. Consequently, this paper analyzes the unique feature of the constitution and its legal conflicts in accepting cultural diversity into the Constitution. In addition, it also proposes legal alternatives for the establishment of advanced democracy in India.