Skip to main content

Secularising the election(Hindu)

The Supreme Court has grappled with the question whether a provision in electoral law that makes it a corrupt practice to use religion, race, caste or language as a ground for canvassing votes in an election is a bar limited to the groups to which candidates or their rivals belong, or whether it is a general prohibition on sectarian appeals. Section 123(3) of the Representation of the People Act, 1951, as amended in 1961, gave rise to this doubt. By a four-three majority, a seven-member Bench has ruled that it is a general prohibition on the use of religion or any other communal or sectarian value in the electoral arena. The minority favoured limiting the ambit of the sub-section to cover only candidates who sought votes on such grounds, or the rivals they wanted the voters not to back on similar grounds. That secularism is the bedrock of our democracy is undisputed. That the electoral process ought not to permit appeals to the electorate on these narrow grounds is equally beyond doubt. Against this backdrop, it is only logical that the Supreme Court should decide that it is a “corrupt practice” for candidates to use any caste or communal parameters to canvass for votes or to discredit a rival, regardless of whether the candidates themselves belong to such religious, communal or linguistic groups.

It is interesting that the dispute turned on a single pronoun, ‘his’, that was introduced in the 1961 amendment. The majority opinion favours a ‘purposive interpretation’, holding that it covered the candidates as well as the voter. It finds support in legislative history and our constitutional ethos. The purpose of the amendment was to widen the scope of the particular corrupt practice. Given that secularism is a basic feature of the Constitution, it has been interpreted in the light of Parliament’s intention to prohibit any religious or sectarian appeal for votes. There is a justifiable worry that a wider interpretation may lead to eliminating from the poll discourse political issues that turn on religion, caste or language. After all, this is a country in which sections of society suffer deprivation and historical injustices based on religious or caste identity. But the overall message is clear. It is left to the wisdom of judges dealing with election cases to draw the line between what is permissible and what is not, and look at the context in which some statements are made before deciding whether they constitute a corrupt practice. The majority verdict will find resonance with all those who swear by the primacy of secularism in the public domain. The minority view nuances this with a reminder that legal issues need to be seen in their social context.

Comments

Popular posts from this blog

NGT terminates chairmen of pollution control boards in 10 states (downtoearth,)

Cracking the whip on 10 State Pollution Control Boards (SPCBs) for ad-hoc appointments, the National Green Tribunal has ordered the termination of Chairpersons of these regulatory authorities. The concerned states are Himachal Pradesh, Sikkim, Tamil Nadu, Uttarakhand, Kerala, Rajasthan, Telangana, Haryana, Maharashtra and Manipur. The order was given last week by the principal bench of the NGT, chaired by Justice Swatanter Kumar. The recent order of June 8, 2017, comes as a follow-up to an NGT judgment given in August 2016. In that judgment, the NGT had issued directions on appointments of Chairmen and Member Secretaries of the SPCBs, emphasising on crucial roles they have in pollution control and abatement. It then specified required qualifications as well as tenure of the authorities. States were required to act on the orders within three months and frame Rules for appointment [See Box: Highlights of the NGT judgment of 2016 on criteria for SPCB chairperson appointment]. Having

High dose of Vitamin C and B3 can kill colon cancer cells: study (downtoearth)

In a first, a team of researchers has found that high doses of Vitamin C and niacin or Vitamin B3 can kill cancer stem cells. A study published in Cell Biology International showed the opposing effects of low and high dose of vitamin C and vitamin B3 on colon cancer stem cells. Led by Bipasha Bose and Sudheer Shenoy, the team found that while low doses (5-25 micromolar) of Vitamin C and B3 proliferate colon cancer stem cells, high doses (100 to 1,000 micromolar) killed cancer stem cells. Such high doses of vitamins can only be achieved through intravenous injections in colon cancer patients. The third leading cause of cancer deaths worldwide, colon cancer can be prevented by an intake of dietary fibre and lifestyle changes. While the next step of the researchers is to delineate the mechanisms involved in such opposing effects, they also hope to establish a therapeutic dose of Vitamin C and B3 for colon cancer stem cell therapy. “If the therapeutic dose gets validated under in vivo

SC asks Centre to strike a balance on Rohingya issue (.hindu)

Supreme Court orally indicates that the government should not deport Rohingya “now” as the Centre prevails over it to not record any such views in its formal order, citing “international ramifications”. The Supreme Court on Friday came close to ordering the government not to deport the Rohingya. It finally settled on merely observing that a balance should be struck between humanitarian concern for the community and the country's national security and economic interests. The court was hearing a bunch of petitions, one filed by persons within the Rohingya community, against a proposed move to deport over 40,000 Rohingya refugees. A three-judge Bench, led by Chief Justice of India Dipak Misra, began by orally indicating that the government should not deport Rohingya “now”, but the government prevailed on the court to not pass any formal order, citing “international ramifications”. With this, the status quo continues even though the court gave the community liberty to approach i