Can't seek votes on caste, community, religious lines: SC

[rug]

New Delhi
Posted at: Jan 2, 2017, 11:46 AM; last updated: Jan 2, 2017, 2:08 PM (IST)

In a major verdict, the Supreme Court on Monday held that any appeal for votes on the ground of "religion, race, caste, community or language" amounted to "corrupt practice" under the election law provision.

Referring to the term 'his religion' used in section 123(3) of the Representation of The Peoples (RP) Act, which deals with 'corrupt practice', Chief Justice T S Thakur and three others in the 4:3 verdict said it meant the religion and caste of all including voters, candidates and their agents etc.

However, the minority view of three judges - UU Lalit, A K Goel and D Y Chandrachud - held that the term 'his' religion means religion of candidate only.

The majority view, also shared by Justices M B Lokur, S A Bobde and L N Rao, said 'secularism' has to be considered while dealing with such issues The apex court had on October 27 reserved its verdict on the "width and scope" of an electoral law provision dealing with the issue whether seeking votes or asking electors not to vote on the ground of "religion, race, caste, community or language", amounted to "corrupt practice".

http://www.tribuneindia.com/news/nation/can-t-seek-votes-on-caste-community-religious-lines-sc/344914.html

The section decided starts at page 107 (51 of the pdf): http://lawmin.nic.in/legislative/election/volume%201/representation%20of%20the%20people%20act,%201951.pdf

123. Corrupt practices.—The following shall be deemed to be corrupt practices for the purposes of this Act:

. . . .

(3) 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:

(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on 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.

(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the 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.

[Jim__]

1. I imagine that law would conflict with the right to free speech in this country.

Also, does the prohibition of an appeal for a vote based on religion prevent a candidate from simply stating his religion? I wonder if Indian elections could have problems with coded language and how laws like this deal with that.

[rug]

2. Yes, it absolutely would be unconstitutional here.

I find it interesting to see how other countries deal with religious issues that affect public issues.

Here, I don't think a simple recitation of the candidate's religion as biography would violate that law. Beyond that, yeah, it could easily become prohibited ethnic or religious code.

Can you imagine how many republicans would be in jail if Section 3A were the law in the U.S.?

I especially like its prohibition of politicization of the flag.