Chapter

In the Name of God

Ronojoy Sen

in Articles of Faith

Published in print January 2010 | ISBN: 9780198063803
Published online October 2012 | e-ISBN: 9780199080168 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198063803.003.0003
In the Name of God

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This chapter examines how religion and religious propaganda in election campaigns in India are regulated, focusing on the Supreme Court's interventions in the sphere of election campaigns. In the matter of election campaigns, Section 123 of the Representation of the People Act — the legislation governing the conduct of Indian elections — prohibits election candidates from appealing for votes on the grounds of religion or religious symbols, as well as attempting to promote enmity on grounds of religion, race, community, or language. The Supreme Court has usually attempted to stamp out use of religion in election propaganda, with the notable exception of the Hindutva rulings. But even in the Hindutva rulings, a notion of the context in which the appeal to religion was being made was introduced. This allows the Court to decide when an electoral appeal is religious or not.

Keywords: India; Supreme Court; election campaigns; religion; religious propaganda; Hindutva rulings; electoral appeal; religious symbols; Representation of the People Act; elections

Chapter.  5886 words. 

Subjects: Constitutional and Administrative Law

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