Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act

In this election season, all voters need to understand how the law prohibits the appeal to votes on the ground of religion and the use of religious symbols in elections.Section 123 of the Representation of the People Act, 1951 specifies the acts which are deemed to be "corrupt practices" in elections. Sub-sections (3) and (3A) are relevant for the purposes of this article.Section 123(3) reads as follows :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.Section 123(3A) reads as follows :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.These provisions seek to curb the appeal for votes or promotion of feelings of enmity on the grounds of religion, race, caste, community or language in elections.The ingredients of Section 123(3) can be broken down as follows for an easier understanding :Appeal to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language, or;Use or appeal to religious symbols or the use of or appeal to national symbolsBy a candidate or his agent or any other person with the consent of the candidate or his agentTo further the prospects of that candidate or to prejudicially affect the election of another candidateTo simplify, if candidates appeal to vote for them on the ground that they belong to A religion, or appeal to not vote for their opponents on the ground that they belong to B religion, it will be a corrupt practice.Let us see how the Courts have interpreted this provision.Judicial interpretationsOne issue which vexed the Courts for long was whether the appeal to vote on the grounds of religion(or other identities) will be a corrupt practice only if it is done on the basis of the candidate's religion. For example, in an election involving candidates belonging to A and B religions, if one candidate appeals for vote using C religion, will it be a corrupt practice as per Section 123 of the RP Act.This was 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")There were certain judgments which held the view that the appeal must be made on an identity which was personal to the candidate. On the other hand, there were certain other judgments which took a broader view that any appeal to religious, caste, community or linguistic identity was a corrupt practice, regardless of whether the candidate belonged to such identity.The issue was settled by a 7-judge bench of the Supreme Court in 2017 in the case Abhiram Singh v C.D. Commachen by 4:3 majority. The majority, preferring a purposive interpretation to a literal interpretation, held that Section 123(3) is not limited to appeals to the religion (or other identities) of the candidate or the rival candidate. The majority held that any appeal to religion (and other identities mentioned in the provision) would fall foul of Section 123(3).In other words, any appeal to vote for oneself or not to vote for another person on the grounds of religion (or other identities) of the candidate, rival candidate or the voter will be a corrupt practice.In the words of the Supreme Court :"For maintaining the purity of the electoral process and not vitiating it, sub-section (3) of Section 123 of the Representation of the People Act, 1951 must be given a broad and purposive interpretation thereby bringing within the sweep of a corrupt practice any appeal made to an elector 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 the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate on the ground of the religion, race, caste, community or language of (i) any candidate or (ii) his agent or (iii) any other person making the appeal with the consent of the candidate or (iv) the elector."Justice Lokur, in the majority judgment, expressed that with the tremendous reach of electronic and...

Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act

Manu Sebastian

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Manu Sebastian

Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act

Manu Sebastian

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Manu Sebastian

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