New Delhi: Religion or caste is a key part of India's political discourse, the Supreme Court observed on Wednesday and asked whether seeking of votes on that basis would amount to "corrupt practice" under the election law.
The apex court asked whether a candidate or a party, seeking votes in the name of religion, caste or tribe by promising that this would help protect and improve the voters' lot as a community, would be a "corrupt practice".
The court, which is examining the scope of section 123(3) of the Representation of the People (RP) Act that deals with electoral malpractices amounting to "corrupt practices", said the issue of prevalent religion and caste-based discrimination was a key part of the political discourse in the country.
"What is wrong if a candidate or a party says that Scheduled Castes (SC) and Scheduled Tribes (STs) are not secure and he asks them to vote en masse for him as he will protect them," a seven-judge Constitution bench headed by Chief Justice T S Thakur said.
"Does it amount to corrupt practice if a candidate appeals for votes to a community on the basis of their religion and the aim is to better their lot," the bench, also comprising Justices M B Lokur, S A Bobde, A K Goel, U U Lalit, D Y Chandrachud and L Nageswara Rao, asked.
During the day-long hearing, the bench reiterated its yesterday's observation that it would not re-visit the famous 'Hindutva' verdict holding Hinduism as a 'way of life' as the issue did not find mention in the reference made to it by a five-judge bench.
Senior advocate Kapil Sibal, who argued for one of the respondents in the case, referred to various constitutional schemes including fundamental rights and said sooner or later, the apex court will have to re-visit the entire issue to put an end to caste and religion-based politics in the country.
Seeking widening of the scope of Section 123(3) of the RP Act, Sibal said: "In an election, who are being targeted? It is the voters. Hence, the term - "his religion" - in the provision should not remain confined to the candidates only but should include the faith of the electors as well."
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