In Brief
This landmark Constitution Bench decision resolves a long-standing conflict regarding the interpretation of Section 123(3) of the Representation of the People Act, 1951, which defines 'corrupt practice' in elections. The majority held that Section 123(3) must be given a broad, purposive interpretation to prohibit appeals to vote based on religion, race, caste, community or language of any person involved—including the voter—not merely the candidate. By contrast, a dissenting judge argued the word 'his' refers only to the candidate's or rival candidate's religion. The majority's approach upholds secular democratic values and ensures elections remain free from communal appeals.
The lawyer headnote and full judgment text are available to registered users.