CAN’T SOLICIT VOTES IN NAME OF RELIGION OR CASTE, RULES SC
NEW DELHI: The Supreme Court outlawed on Monday seeking votes in the name of religion, caste, race, community or language, a potentially far-reaching verdict ahead of assembly elections in five states where faith and caste have traditionally driven voting.
Heading a seven-judge bench, Chief Justice of India TS Thakur said the secular ethos of the Constitution had to be maintained by keeping elections a secular exercise.
“The relationship between man and God and the means which humans adopt to connect with the almighty are matters of individual preferences and choices,” the judgement said in a 4:3 majority verdict.
“State is obliged to allow practicing and professing of religious faith a citizen follows, but can forbid interference of religions and religious beliefs with secular activity such as elections.”
It said elections can’t be fought by making a pitch to candidates, opponents or voters’ religion, caste, race, community or language. The verdict widens the scope of the election law that does not clarify as to whose religion, caste, race, community or language one cannot cite during an election speech.
But three of the judges dissented, saying the decision amounted to “judicial redrafting of the law”. The split underlined the complexity of a subject that courts have debated for more than two decades.
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