A petition has been filed in the Supreme Court to order the government to take appropriate steps to restrict the misuse of religion for electoral gain in line with the recommendations of the Election Commission of India, and debar the candidates from contesting election and de-register the political parties which do so.
The petition, filed by Supreme Court advocate Ashwini Kumar Upadhyay, contended that religious statements have been made to support particular political parties and candidates, which is against the basic dictum of democracy.
1990 report
The petition cited the 1990 report of the Goswami Committee on Electoral Reforms, which recommended clothing the Commission with powers to initiate probe, to prosecute or even appoint a Special Court for offences under the Representation of the People Act (RPA).
It said an Amendment Bill was introduced in 1990 in the Rajya Sabha, particularly, to restrict the misuse of religion in the election. However, the government of the day withdrew this Bill three years later.
The Home Affairs Ministry had also referred to the Justice Liberhan Commission report to the Election Commission for action against the parties, which misuse religious sentiments. “The proposal was to initiate swift action against those persons who attempt to misuse religious sentiments or making appeals to voters through the mode of their piety by holding disguised religious rallies in places of worship as political supplication to strengthen existing provisions in codes of conduct and other election related laws,” Mr. Upadhyay argued.
‘Corrupt practice’
Mr. Upadhyay pointed out that Section 123(3) of the RPA mandates that an appeal on the grounds of religion, race, caste and promotions of feelings of enmity among different classes constitute a “corrupt practice,” though it can be questioned with an election petition.
