The Imperative of Upholding Secularism in Elections: Insights from Justice KM Joseph
In a recent address at the National Convention on “Constitution in a Changing India,” hosted by Government Law College, Ernakulam, former Supreme Court Judge, Justice KM Joseph, underscored the crucial role of the Election Commission of India (ECI) in preventing the misuse of religion, race, language, and caste for electoral gains. His emphasis on this issue highlights the need for timely and stringent actions to uphold the constitutional mandate of secularism.
Prohibited Electoral Practices
Justice Joseph reminded that appealing for votes based on religion, race, language, or caste is explicitly prohibited under the law. The Election Commission is tasked with enforcing these regulations to ensure free and fair elections. He stated, “The Election Commission must take strict action against such practices, regardless of the individual’s stature, and must do so promptly. Delaying these actions would constitute a grave injustice to the Constitution.”
The Landmark Abhiram Singh Case
Referring to the Supreme Court’s 2017 decision in the Abhiram Singh vs. C D Komchen case, Justice Joseph highlighted the Court’s interpretation of Section 123(3) of the Representation of the People Act, 1951. The judgment clarified that making appeals on the grounds of religion, either by the candidate, their opponent, or their supporters, is prohibited. This case serves as a cornerstone for understanding the legal framework governing electoral conduct in India.
The Role of Religion in Election Campaigns
Justice Joseph stressed that religion has no place in election campaigns. He stated, “The use of religion in election speeches should be evaluated based on the facts and the words used. Politicians are well aware of their limits, and actions can be taken against them under both the Model Code of Conduct and the law.”
The Purity of Political Means
Justice Joseph argued for the purity of the means used to gain political power. He remarked, “Political power should be a means to serve the people, and the methods used to attain it must be pure. Any practice that seeks to exploit religious identity for votes undermines the integrity of the democratic process.”
The Election Commission’s Responsibility
Justice Joseph’s call to action for the Election Commission emphasizes its responsibility to act decisively against any violations. By enforcing the law against communal appeals in elections, the ECI not only upholds the constitutional value of secularism but also ensures the sanctity and fairness of the electoral process.
Conclusion
The insights shared by Justice KM Joseph at the National Convention underscore a fundamental principle of Indian democracy: the separation of religion from politics. His remarks serve as a reminder of the Election Commission’s vital role in safeguarding this principle. As India continues to evolve, the enforcement of these regulations remains critical to maintaining the integrity and fairness of its electoral process.
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