Supreme Court starts hearing in ‘Hindutva’ case

Hearing began on Tuesday before a seven-judge bench of the Supreme Court to consider whether seeking of votes in the name of religion will amount to a corrupt practice under the Representation of the People Act warranting disqualification.

Chief Justice of India T.S. Thakur, who led the bench, will discuss the following broad issues: will the act of a candidate belonging to a particular community going around the constituency with a predominant population of his/her own community seek votes in the name of his community amounts to corrupt practice Can a person belonging to one community seek votes from members of his community for a candidate belonging to another community Will a candidate be held liable for corrupt practice if he even uses the inflammatory speeches of a religious leader to further his own electoral practices

Justice Verma, heading a three-judge bench of the apex court, had in 1995 overturned the Bombay high court verdict setting aside the election of Shiv Sena leader Manohar Joshi in Maharashtra. Soon after the 1992-92 Mumbai communal riots, Mr. Joshi had appealed to the voters to turn Maharashtra into India’s first Hindu state.

Justice Verma, who authored the judgment in that verdict, had held, “In our opinion, a mere statement that the first Hindu State will be established in Maharashtra is by itself not an appeal for votes on the grounds of his religion but the expression, at best, of such a hope.

“The words Hindutva or Hinduism cannot be held to be within the ‘narrow limits of religion alone’ and could also refer to ‘Indian culture and heritage’,” the court had then held.

Hindutva, the court had held, was related to the “way of life of the people in the sub-continent”. Arguments will continue on Wednesday.