| Syllabus: GS-II, Subject: Polity, Topic: Elections and RPA, Issue: Election Process |
Context: Political parties filed complaint regarding use of religion during campaign
Provisions to restrict use of religion in politics:
- Section 123(3) of the RP Act bans appeals based on religion, race, caste, community, or language in elections.
- Section 123(3A) condemns attempts by candidates to incite enmity or hatred among citizens on these grounds during elections.
- The Model code of conduct mandates parties and candidates to avoid actions exacerbating differences or causing tension between communities.
- It prohibits appeals to caste or communal feelings for votes and bans the use of places of worship for election propaganda.
- The Supreme Court has ruled that candidates can’t seek votes based on their or voters’ religion.
| +1 advantage for mains(Case law)
Abhiram Singh vs. C. D. Commachen (2017) ● The majority view provided a ‘purposive interpretation’ to Section 123(3)and declared that any appeal in the name of religion of the voters as a corrupt electoral practice. ● Constitutional ethos forbids the mixing of religious considerations with the secular functions of the State. ● Purposive interpretation is a method used to understand the meaning of a text,(laws and constitutions) by focusing on its intended purpose. ● Goes beyond the literal meaning of the words and considers the objective behind the text. |
