Hindutva case
Also called: Hindutva judgment, Ramesh Prabhoo case, Manohar Joshi case · Topic: Electoral Reforms: Money, Criminalisation and Simultaneous Elections · NCERT: Beyond NCERT
Meaning
The Hindutva case refers to Supreme Court judgments of 1995, including the Manohar Joshi and Ramesh Prabhoo cases. The Court held that the word "Hindutva" can mean a way of life of the people of India. So using the word is not, by itself, an appeal on the ground of religion under Section 123(3) of the RPA 1951. But seeking votes on the ground of the candidate's religion is still a corrupt practice, which is a dishonest election act that can void the election. The judgment matters because it shows that courts look at the context of a speech, not only the words used.
Example
Suppose a candidate uses the word "Hindutva" in a speech about culture or national life. After the 1995 judgments, that alone does not void the election. If the speech actually asks people to vote for the candidate because of the candidate's religion, it is a corrupt practice.
Don't confuse with
- Abhiram Singh case (2017): it held that "his religion" covers the religion of the candidate, the voter or anyone else. The Hindutva case was about whether one word is a religious appeal.
Related concepts
- Paid news
- Media Certification and Monitoring Committee
- Hate speech in elections
- Appeal on grounds of religion or caste
- Abhiram Singh case
- Freebies