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LATEST NEWS UPDATES | SC scan on religion plank

SC scan on religion plank

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published Published on Oct 19, 2016   modified Modified on Oct 19, 2016
-The Telegraph

New Delhi: A seven-judge constitution bench of the Supreme Court today took up for consideration the question whether the use of religion and caste in elections amounts to "corrupt practice", warranting disqualification under the Representation of Peoples Act.

The bench, headed by Chief Justice of India T.S. Thakur, during the day-long hearing posed several questions for which it has sought answers from various counsel appearing in the matter.

The bench was constituted in the wake of conflicting judgments by two three-judge benches way back in 1995 and 1996 on whether using "Hindutva", "Hinduism" etc. amounted to exploitation of religious sentiments prohibited under Section 123(3A) of the Representation of Peoples Act, 1951.

Section 123(3A) says "the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate" amounts to corrupt practices, incurring disqualification of the elected candidate.

The bench also includes Justices Madan B. Lokur, S.A. Bobde, A.K. Goel, U.U. Lalit, D.Y. Chandrachud and L. Nageswara Rao. The bench will consider whether a candidate can solicit votes for themselves or for others in the name of their religious community or caste. It will also decide whether a candidate's use of the inflammatory speech of a religious leader amounts to corrupt practice.

In 1995, the Justice J.S. Verma panel had ruled that seeking votes in the name of "Hinduism" does not amount to "corrupt practice" because Hinduism is a way of life and a state of mind, not a religion.

However, a year later, another three-judge bench differed with this view and referred the matter to a bigger bench.

The Telegraph, 18 October, 2016, http://www.telegraphindia.com/1161019/jsp/nation/story_114365.jsp#.WAcZ6Mn71_k


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