Author: Vanshika Singh, Vivekananda Global University, Jaipur
To the Point
Although India’s Constitution guarantees equality and secularism, the interplay of caste and religion in electoral campaigns remains deeply rooted. These identity markers often shape voter preferences, influence party strategies, and dictate ticket distribution. While identity-based politics may help certain marginalized sections find representation, it also raises concerns about compromising democratic principles. This article critically examines the legal and constitutional safeguards against the misuse of caste and religion in elections and evaluates how far they have succeeded.
Legal Terminology Used
Electoral Misconduct – Any act that undermines the sanctity of elections, including appeals based on religion or caste.
Secularism – A foundational feature of the Indian Constitution requiring state neutrality in religious matters.
Fair Elections – A democratic principle monitored by the Election Commission and enforced through legislation.
Corrupt Practices – Offenses identified under Section 123 of the Representation of the People Act, 1951.
Vote Bank Politics – A political strategy where communities are targeted based on their religion or caste for electoral gain.
Supporting Evidence
The Representation of the People Act, 1951 strictly prohibits any appeal to religion, race, caste, or community to solicit votes.
Nonetheless, political discourse continues to be dominated by caste equations and religious rhetoric.
The Supreme Court of India has consistently ruled against these practices, but enforcement remains inadequate.
Abstract
This article provides an overview of how caste and religion impact electoral dynamics in India, and whether current legal mechanisms are sufficient to protect the secular character of the Republic. It discusses constitutional provisions, statutory regulations, and key judicial decisions aimed at eliminating identity-based campaigning. It also highlights how vote bank politics, despite its short-term electoral benefits, threatens to undermine equality and secularism as enshrined in the Constitution.
Judicial Precedents
Abhiram Singh v. C.D. Commachen & Ors. (2017)
Ruling: Soliciting votes on religious or caste grounds is prohibited.
Significance: The Court clarified that appeals to any religion, whether of the voter or candidate, are illegal under Section 123(3) of the RPA.
S. R. Bommai v. Union of India (1994)
Ruling: Reinforced secularism as part of the Constitution’s basic structure.
Significance: States that act in violation of secular principles can face constitutional consequences.
Ziyauddin Bukhari v. Brijmohan Mehra (1975)
Ruling: Religious speeches during elections fall under corrupt practices.
Ramesh Yeshwant Prabhoo v. Prabhakar Kunte (1996)
Ruling: Use of religious symbols or sentiments to seek votes is impermissible.
Conclusion
Caste and religion-based appeals during elections pose a significant challenge to democratic values in India. Although legal measures exist to curb such practices, their implementation is often inconsistent. These identity-driven tactics distort electoral integrity and hinder the creation of a truly inclusive democracy. There is a need for comprehensive reforms, strict enforcement by the Election Commission, and increased voter education to ensure that elections reflect issues, not identities.
FAQS
Q1. Can candidates legally seek votes on the basis of caste or religion?
A: No. Section 123(3) of the Representation of the People Act, 1951 defines such conduct as a corrupt practice, punishable by law.
Q2. What steps can the Election Commission take against identity-based campaigning?
A: It can issue warnings, file complaints, disqualify candidates, or even recommend prosecution under the RPA and Model Code of Conduct.
Q3. Is it lawful for religious leaders to campaign for parties?
A: While expressing personal opinions is allowed, using religious platforms for political canvassing can violate election laws.
Q4. How do caste-based reservations intersect with electoral politics?
A: While they aim to ensure representation for disadvantaged groups, political actors often misuse them for electoral mobilization, sometimes distorting their original intent.
Q5. Is secularism legally binding in India?
A: Yes. The Supreme Court has declared secularism as an unamendable part of the Constitution’s basic structure, making it obligatory for all state actions.
