CAMPAIGNING IN THE NAME OF THE RELIGION 

2. Legal Provisions Regarding Electoral Practices in India

• Under Section 123(3) of the Representation of the People Act, 1951 (RP Act), it is prohibited for a candidate, or anyone acting with a candidate's consent, to make appeals based on religion, race, caste, community, or language to influence voters or to refrain from voting. This is considered a corrupt electoral practice.
• Furthermore, Section 123(3A) of the RP Act condemns any attempts by a candidate to incite feelings of enmity or hatred among citizens based on these grounds during election campaigns.
• The RP Act also outlines penalties for those found guilty of corrupt electoral practices, which can include disqualification from contesting elections for a period of up to six years.

3. Provisions of the Model Code of Conduct (MCC)

• The Model Code of Conduct (MCC) serves as a guideline for political parties and candidates during elections. It has evolved through consensus among political parties, who have agreed to adhere to its principles. The MCC mandates that parties and candidates must respect and follow it both in its literal wording and its intended meaning.
• Enforced strictly since the 1990s, the MCC prohibits parties and candidates from engaging in activities that could exacerbate existing differences, foster mutual hatred, or create tensions among different caste, religious, or linguistic communities. It also prohibits any appeals to caste or communal sentiments to secure votes. Additionally, the MCC bars the use of mosques, churches, temples, or other places of worship for election propaganda.
• While the MCC lacks statutory backing, its influence and effectiveness have grown significantly over the past three decades due to its rigorous enforcement by the Election Commission of India (ECI).

4. Historical Evolution and Instances of Violation

• Before 1961, Section 123(3) of the Representation of the People Act (RP Act) outlined that a "systemic" appeal based on religion, race, caste, or community by a candidate would be considered a corrupt electoral practice. However, to combat communal, divisive, and separatist tendencies, the term "systemic" was removed through an amendment in 1961. This change meant that even an isolated appeal for electoral success based on religious or narrow communal affiliations would be disapproved by the law.
• Throughout history, there have been numerous instances where political parties and their leaders have openly sought votes using religious appeals. Cases have been registered against leaders from various political backgrounds under the RP Act and the Indian Penal Code for such actions. However, notable convictions for corrupt electoral practices under Section 123(3) have been rare. One such prominent case was that of Bal Thackeray from Shiv Sena, who was convicted by the Supreme Court in 1995.
• In response to such violations, the Election Commission of India (ECI) typically imposes temporary campaign bans ranging from two to three days on offending leaders for breaching the Model Code of Conduct (MCC).

5. Supreme Court's Ruling on Appeals for Votes Based on Religion

• In the case of Abhiram Singh versus C. D. Commachen (2017), a seven-judge Bench of the Supreme Court delivered a significant ruling.
• The majority decision, with a 4:3 majority, held that candidates are prohibited from appealing for votes not only based on their own religion but also based on the religion of the voters.
• This ruling provided a "purposive interpretation" to Section 123(3) of the Representation of the People Act, moving beyond a literal reading to include any appeal made in the name of the religion of voters as a corrupt electoral practice.
• The Supreme Court emphasized that elections to Parliament or State legislatures are secular processes and constitutional principles forbid the intertwining of religious considerations with the secular functions of the State.
• The court underlined that religion should remain a matter of personal faith and should not be exploited for electoral gains.

6. Promoting Secular and Responsible Election Practices

• In a democratic election process, political parties and candidates must address the legitimate concerns of citizens without resorting to appeals based on traits derived from religion, caste, community, or language.
• While it's acceptable to acknowledge and address grievances, it must be done through appropriate policies and without compromising the secular fabric and unity of the nation.
• Appeals made solely in the name of religion can further polarize our multi-religious society, leading to divisions rather than unity.
• The use of places of worship for political canvassing and the endorsement of candidates by religious leaders are practices that should ideally be avoided.
• Mixing politics and religion can be detrimental to the democratic process and the secular principles of the country.
• The primary responsibility for maintaining ethical campaign practices lies with political party leaders and candidates.
• Campaigning based on religious grounds not only disrupts the secular nature of our political system but also constitutes a clear violation of the law.
• To ensure fair and ethical elections, the Election Commission of India (ECI) and the judiciary should devise swift mechanisms to take action against those who violate laws related to religious appeals in elections.
• Strict enforcement and accountability mechanisms are necessary to uphold the integrity of our electoral processes and safeguard the secular and democratic values of the nation.