Ban appeals for votes on religion, says Kapil Sibal

New Delhi: Every appeal for votes in the name of religion whether it is by the candidate, his agent, the party or by anyone should be forbidden to protect democracy and ensure purity in the election process, argued senior counsel and former Union law minister Kapil Sibal in the Supreme Court on Wednesday.

Mr Sibal made this submission before a seven Judge Bench comprising the Chief Justice T.S. Thakur  and Justices M.B. Lokur, S.A. Bobde, A. K. Goel, Uday Lalit, D. Y. Chandrachud and L. Nageswar Rao hearing the important question of law, viz whether seeking votes in the name of religion will amount to a ‘corrupt practice’ within the meaning of Section 123 (3) of the Representation of the People Act warranting disqualification.  

Mr Sibal, appearing for the defeated candidate C.D. Commachem (since dead) submitted that restricting the Section 123 (3) R.P. Act only an appeal by a candidate to voters in the name of religion will result in serious consequences when divisive forces have started emerging in the last few years.    

When the CJI posed a question to Mr Sibal “a particular candidate belongs to one religion. The opposite candidate belongs to another religion. The election agent of the candidate belongs to another religion. The person making the speech in the name of religion to further the prospects of the candidate belongs to a different religion than that of the voters in the area. Does it mean that an appeal on religious ground is permissible?” Mr Sibal said such an appeal is not permissible as the court should not go by the limited and restricted meaning in Section 123 (3) of the RP Act.

In this age of internet, Facebook and fast communication, anyone can spread communal and casteist agenda and people will easily fall a prey to such information, he said.