An election becomes iconic not just because of who will win but also because of the controversial issues that happen. One such big controversy in India's electoral process is the infamous instances where politicians openly appeal for votes in the name of religion or caste.
A famous example is when Bal Thackeray, a leader from Shiv Sena, got in trouble in 1995 for doing this. The Supreme Court said it's not okay. This shows how tricky it is when politics mixes with laws and what people believe.
But does this practice of politicians appealing to certain groups of people by using religion or religious symbols to get votes align with legal boundaries? That's what we aim to understand in this blog about the intersection between election politics, religion-based appeals and the law. Let's get started!
What does the Law say?
The election season is going on, and all voters need to understand how the law prohibits candidates and political parties from appealing for votes based on religion and using religious symbols in elections.
The Representation of the People Act of 1951 says that such acts are counted as "corrupt practices" in elections. Section 123 talks about corrupt practices for the purpose of the Representation of the People Act.
Section 123 of the Act also includes bribery, undue influence, booth capturing, and other corrupt practices in elections as electoral offences.
Section 123(3) of the Representation of the People Act
Section 123(3) of the Act says, "The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause."
This section provides that appeals by a political candidate or any other person with a candidate's consent to vote or refrain from voting on the grounds of his religion, race, caste, community, or language are corrupt electoral practices.
Section 123(3A) of the Representation of the People Act
Section 123(3A) says, "The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on the grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate."
This section provides candidates should not try to promote feelings of enmity or hatred among citizens based on religion, race, caste, community, or language during elections in a way that helps the candidate win or harms the chances of other candidates unfairly.
Let's break down the key parts of Section 123(3) to make it easier to understand:
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Vote Appeal on Grounds: Ask people to vote for or not vote for someone because of their religion, race, caste, community, or language, OR;
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Symbols: Using religious or national symbols to get support or votes.
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By Whom: By a candidate, their representative, or anyone else with their candidate's permission.
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Purpose: To help one candidate succeed or harm another candidate's chances in the election.
Example- If candidates ask people to vote for them on the ground that they belong to A religion or appeal to voters not to vote for their opponents because they belong to B religion, it's considered a corrupt practice.
These provisions prevent seeking votes or promoting feelings of enmity based on religion, race, caste, community or language during elections.
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Interpretation of the word "his" in Section 123(3)
Question- Whether asking for votes based on religion considered corrupt only when it's linked to the candidate's religion? For example, in an election involving candidates from A and B religions, and one of them asks for votes using religion C, would that be considered wrong under Section 123 of the RP Act?
This was all because of the use of the word "his" in Section 123(3) ("appeal...to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language")
Well, some court decisions said the appeal should relate directly to the candidate's own identity. However, other rulings saw it differently and took a broader view, saying that any appeal based on religion, caste, community, or language was a corrupt practice, even if the candidate did not belong to such an identity.
Abhiram Singh vs. C.D. Commachen (2017)
This issue was finally settled by a 7-judge bench of the Supreme Court in 2017 in this case by a 4:3 majority. It was held that candidates should not appeal for votes based on not just their own or their rival candidate's religion but also that of the voters.
The majority view provided a 'purposive interpretation' rather than a 'literal interpretation' of Section 123(3). This meant that any vote appeal using religion, even if it was about the voters' religion, was seen as corrupt electoral practice.
Punishment of Corrupt Electoral Practice
- If candidates or their agents engage in corrupt practices, the High Court can declare their election as void.
- The election can be challenged only through an election petition filed by any candidate or a voter before the High Court.
- Also, a candidate found guilty of corrupt practice will face disqualification for a maximum period of 6 years.
What does the Model Code of Conduct say?
The Election Commission of India issued an advisory cautioning the political parties against appealing to the religious feelings of the voters.
It advises not to appeal to voters based on caste or community feelings. It also advises political parties to avoid activities that could worsen existing differences or create mutual hatred or tension between different groups based on caste, community, religion, or language.
You should read the Model Code of Conduct in depth.
Case Laws
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Ramanbhai Ashabhai Patel vs. Dubhi Ajitkumar Fulsinji (1964)
In this case, the Supreme Court said that asking for votes using God's name or a Deity's name is like urging people to vote based on religion, which is considered a corrupt way of campaigning.
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Mullapudi Venkata Krishna Rao vs. Vedulasuryanarayana (1993)
In this case, the Supreme Court reviewed a case in which the High Court set aside a candidate's election, which involved posters depicting the candidate as Lord Krishna. The Court ruled that these posters violated Section 123(3) of the Representation of People Act.
Conclusion
In conclusion, appealing for votes in the name of religion or caste is legally prohibited under the Representation of the People Act and forms a "corrupt practice" in elections. This prohibition was meant to keep elections fair and prevent dividing people during campaigns.
Court rulings, like in the Abhiram Singh case, confirm that such appeals are unacceptable, even if directed at voters' religious sentiments. The MCC also highlighted the importance of campaigns that do not divide people.