RELIGION
AND MODEL CODE OF CONDUCT - POLITY
News:
On campaigning in the
name of religion | Explained
What's
in the news?
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Recently a political party filed a
complaint with the Election Commission of India (ECI) against a prominent
opposition leader for hurting Hindu sentiments with his remark on ‘shakti’.
Legal
Provisions Regarding Appeals in Elections:
1.
Section 123(3) of the RP Act 1951:
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It provides that appeals by a candidate or
any other person to vote or refrain from voting based on his/her religion,
race, caste, community, or language is a corrupt electoral practice.
2.
Section 123(3A) of RP Act 1951:
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It denounces any attempt by a candidate to
promote feelings of enmity or hatred among citizens on these grounds during
elections.
3.
Violation of the above Provisions:
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Violations of these regulations can result
in a candidate being barred from running in elections for up to six years.
Model
Code of Conduct On Religion in Election Campaign:
1.
Guidelines for Political Parties:
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The MCC, a set of guidelines for political
parties and candidates, forbids acts that increase existing divisions or cause
animosity between groups.
2.
Prohibition to Garner Votes on Caste and Communal Lines:
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It further states that there will be no
appeal to caste or sectarian feelings to secure votes.
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Mosques, churches, temples, and other
houses of worship shall not be used as platforms for election propaganda.
3.
Absence of Statutory Backing:
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Though the MCC lacks statutory backing, it
has developed in strength due to the ECI’s severe enforcement since its
inception in the 1990s.
SUPREME
COURT RULINGS:
1.
Abhiram Singh versus C. D. Commachen (2017):
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A majority decision in Abhiram Singh
versus C. D. Commachen (2017) read Section 123(3) in a purposive manner,
prohibiting votes based on the religious beliefs of both candidates and voters.
2.
Ramesh Yeshwant Prabhoo (Dr) versus Prabhakar Kashinath Kunte:
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The court observed that it is necessary
“to ensure that no candidate at an election gets votes only because of his
religion and no candidate is denied any votes on the ground of his religion.