The prevailing situation of India with increasing riots and communal distrust has led to a long-time question which is that why the Judiciary does not interfere and come up with a strong framework has brought out the complicit nature of the judiciary. The main scope of this research was to look at the structural framework from an identity politics point of view. Paper suggests that problem with this Nationalistic identity is its contrasting nature with respect to the fundamental guidelines of Indian constitution which does not contravene with the basic secularist approach of India and tries to prevent xenophobia.
Keywords: Communal Riots, Identity Politics, Nationalism, Secularism.

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