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Polity & Governance
Mahesh

08/09/22 05:19 AM IST

SC notice on plea to cancel symbols, names of political parties using religion

In News 
  • The Supreme Court sought responses of the Centre and the Election Commission of India over a petition to cancel the names and symbols of political parties having religious connotations.
  • Using religion, race, caste, community or language for electoral gains, is prohibited under Section 123 of RPA 1951 ( Corrupt practices in elections).
RPA,1951 
  • As per Section 123(3), an appeal by a candidate or his agent to vote or refrain from voting for any person on the ground of his religion….or the use of, or appeal to religious symbols is a corrupt practice.
  • This provision came for interpretation in the Supreme Court in 2017 in Abhiram Singh v CD Commachan, where it was said, “Religion, race, caste, community or language would not be allowed to play any role in the electoral process and should an appeal be made on any of those considerations, same would constitute a corrupt practice.”
  •  Section 29A of the Representation of Peoples Act requires political parties to bear true faith and allegiance to the principles of socialism, secularism and democracy.
  • “By virtue of this Section 29A along with Section 123 of RP Act, 1951, the petitioner is seeking directions to cancel the names and symbols of political parties which directly or indirectly refer to a religion or carry religious connotation.”
  • The usage of religion in the party’s name also violates the mandate of Model Code of Conduct (MCC).
Source- Hindustan Times 

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