Appeal on grounds of religion or caste
Also called: Section 123(3) of the RPA 1951 · Topic: Electoral Reforms: Money, Criminalisation and Simultaneous Elections · NCERT: Class 11, Ch 3 "Election and Representation"
Meaning
Seeking votes on the ground of religion, race, caste, community or language is a corrupt practice under Section 123(3) of the Representation of the People Act (RPA) 1951. A corrupt practice is a dishonest act in an election. If one is proved, the election is declared void, which means cancelled. The Supreme Court's Abhiram Singh judgment (2017) held that the rule covers appeals to the identity of anyone: the candidate, the voter or another person. The rule exists to stop elections from turning into contests between communities.
Example
NCERT's Class 11 chapter "Election and Representation" lists a "complete ban" on caste and religious appeals as a suggested reform. After Abhiram Singh (2017), such appeals are already banned in law. The real problem is weak enforcement during campaigns.
Don't confuse with
- Hate speech in elections (Section 123(3A)): this covers promoting enmity or hatred between groups. Section 123(3) is about asking for votes on the basis of identity, even when no hatred is stirred up.
Related concepts
- Paid news
- Media Certification and Monitoring Committee
- Hate speech in elections
- Abhiram Singh case
- Hindutva case
- Freebies