On campaigning in the name of religion | Explained
The HinduMarch 25, 2024 10:40 pm | Updated April 22, 2024 10:34 am IST The story so far: Recently the Bharatiya Janata Party lodged a complaint with the Election Commission of India against Rahul Gandhi for hurting the sentiments of Hindus through his remark on ‘shakti’. Section 123 of the Representation of the People Act, 1951 provides that appeals by a candidate, or any other person with the consent of a candidate, to vote or refrain from voting on the ground of his religion, race, caste, community or language is a corrupt electoral practice. It is pertinent to note that before 1961, Section 123 of the RP Act provided that ‘systemic’ appeal by a candidate on the grounds of religion, race, caste or community will amount to a corrupt electoral practice. The majority view provided a ‘purposive interpretation’ to Section 123 rather than just a literal one thereby rendering any appeal in the name of religion of even the voters as a corrupt electoral practice. Political parties and candidates are likely to raise legitimate concerns of citizens faced by them on the basis of traits having origin in religion, caste, community or language in a democratic election process.
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LEGAL ACUMEN | Is appeal to voters based on their religion an electoral offence? PM’s ongoing campaign may well be a test case
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