Abhiram Singh case
Topic: Electoral Reforms: Money, Criminalisation and Simultaneous Elections · NCERT: Beyond NCERT
Meaning
The Abhiram Singh case is a 2017 Supreme Court judgment, decided by a 4:3 majority. It explained the words "his religion" in Section 123(3) of the Representation of the People Act (RPA) 1951. The Court held that these words cover the religion of the candidate, the voter or anyone else. So it is a corrupt practice to seek votes on the ground of anyone's religion, race, caste, community or language. A corrupt practice is a dishonest election act, and proving one voids the election. The judgment matters because it makes the ban on identity-based appeals very wide.
Example
Suppose a candidate tells voters, "Vote for me because I belong to your caste." Or suppose the candidate says, "Do not vote for him because of his religion." After Abhiram Singh (2017), both appeals are corrupt practices. If they are proved in an election petition, the candidate's election can be set aside. Because this ban already exists in law, NCERT's demand for a "complete ban" on caste and religious appeals is mostly met on paper. The real gap is enforcement.
Don't confuse with
- Hindutva case (1995): it held that the word "Hindutva" can mean a way of life and is not by itself a religious appeal. Abhiram Singh widened whose religion counts. It did not decide what the word "Hindutva" means.
Related concepts
- Paid news
- Media Certification and Monitoring Committee
- Hate speech in elections
- Appeal on grounds of religion or caste
- Hindutva case
- Freebies