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SC Rules Appeals for Votes Based on Religion Are Corrupt Practice

By NDP newsroom

In a landmark judgment on Monday, the Supreme Court ruled that appeals for votes based on religion, caste, race, community, or language, whether directed at candidates or the electorate, amount to a 'corrupt practice' and can lead to the disqualification of candidates. The seven-judge bench's majority opinion, in a 4:3 verdict, emphasized that elections are secular processes and should remain free from religious or social divisions.

Chief Justice T.S. Thakur, along with Justices Madan B. Lokur, S.A. Bobde, and L. Nageshwara Rao, concluded that the word ‘his’ in Section 123(3) of the Representation of the People Act extends to the electorate's social, linguistic, and religious identity. This interpretation means any appeal based on such grounds during elections is prohibited. The court stressed that mixing religion with state power through elections undermines the secular nature of the democratic process.

Justice Lokur highlighted that such appeals disrupt national unity and harm public interest, quoting Winston Churchill's view of the voter as the "little man" in the booth. Justice Bobde supported this view, asserting that elections should transcend divisive barriers like caste, community, and language.

In dissent, Justice D.Y. Chandrachud, supported by Justices A.K. Goel and U.U. Lalit, argued that issues of religion, caste, and language should not be excluded from electoral discussions, as they reflect deep social inequalities in India. He stressed that electoral politics is about social mobilization and addressing these inequalities, which are central to the country's democratic and constitutional aims.

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