Election Commission Doing Greatest Disservice If It Doesn't Act In Time Against Use Of Religion For Votes : Justice KM Joseph

Justice KM Joseph, former Supreme Court judge, underscored the importance of the Election Commission of India taking timely action against the use of religion, race, language and caste to fetch votes in elections.

Stating the appeal for votes on the basis of such identities is forbidden by law, Justice Joseph said that the Election Commission must come down heavily against such practices.

"The use of religion, race, language, caste to get votes is forbidden. Election Commission must come down heavily, whoever it is, however high he may be, they should do in time. They should not keep matters pending. If they do not do that,  they are doing the greatest disservice to the Constitution," Justice Joseph said. He was speaking at the inaugural ceremony of the National Conference on the topic "Constitution in Changing India" organized by the Government Law College, Ernakulam.

Justice Joseph said that the Supreme Court, in its 7-judge bench judgment delivered in 2017 in the case Abhiram Singh v. C D Commachen has interpreted Section 123(3) of the Representation of the Peoples Act 1951 and declared that appeal based on the religion of the candidate, or of his opponent or of any member of the audience is forbidden.

"Religion has no place in an election campaign. An appeal to religion is a matter to be decided based on facts, based on words used in election speeches. I would go further. You would have to understand that the politicians are very well aware of their limitations. That they can be proceeded both under the Model Code of Conduct and also under the law. I would say that if they adopt expressly or impliedly any practice, anything which they do which would immediately create a religious identity and will fetch them votes...because I believe, the means are as important as the end. Gaining political power can only be a means to serve the people. Means by which you get political power should be pure," Justice Joseph said.

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