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TMI Blog2017 (1) TMI 1419X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate on the ground of the religion, race, caste, community or language of (i) any candidate or (ii) his agent or (iii) any other person making the appeal with the consent of the candidate or (iv) the elector. It is a matter of evidence for determining whether an appeal has at all been made to an elector and whether the appeal if made is in violation of the provisions of sub-section (3) of Section 123 of the Representation of the People Act, 1951. No case has been made out to take a view at variance with the settled legal position that the expression “his” in Section 123(3) must mean the religion, race, community or language of the candidate in whose favour an appeal to cast a vote is made or that of another candidate against whom there is an appeal to refrain from voting on the ground of the religion, race, caste, community or language of that candidate. The Representation of the People Act, 1951 has undergone several parliamentary amendments. Parliament would be aware of the interpretation which has been placed by this Court on the provisions of Section 123(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erpreting corrupt practice . The Bench was of opinion that the appeal requires to be heard and decided by a larger Bench of five Judges of this Court on three specific questions of law. 3. In Narayan Singh v. Sunderlal Patwa[(2003) 9 SCC 300] the election of Sunderlal Patwa from the Bhojpur Constituency No. 245 in Madhya Pradesh to the Legislative Assembly in 1993 was under challenge on the ground of a corrupt practice in that the returned candidate had allegedly made a systematic appeal on the ground of religion in violation of Section 123(3) of the Act. The election petition was dismissed. In appeal before this Court, the Constitution Bench noticed an anomalous situation arising out of an amendment to Section 123(3) of the Act in 1961 inasmuch as it appeared that a corrupt practice for the purposes of the Act prior to the amendment could cease to be a corrupt practice after the amendment. On the one hand the deletion of certain words[ systematic appeal ] from the sub-section widened the scope of the sub-section while the addition of a word[ his ] seemingly had the opposite effect. Since there are certain other significant observations made in the order passed by the Constitut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision in the judgments referred earlier, would give it a restrictive meaning. In other words, while under the pre-amended provision it would be a corrupt practice, if appealed by the candidate, or his agent or any other person to vote or refrain from voting on the grounds of caste, race, community or religion, it would not be so under the amended provision so long as the candidate does not appeal to the voters on the ground of his religion even though he appealed to the voters on the ground of religion of voters. In view of certain observations made in the Constitution Bench decision of this Court in Kultar Singh case we think it appropriate to refer the matter to a larger Bench of seven Judges to consider the matter. The matter be placed before Hon ble the Chief Justice for constitution of the Bench. 4. Thereafter, when Abhiram Singh was taken up for consideration by the Constitution Bench, an order was made[Abhiram Singh v. C.D. Commachen (Dead), (2014) 14 SCC 382] that since one of the questions involved in the present appeal is already referred to a larger Bench of seven Judges,[ Narayan Singh v. Sunderlal Patwa, (2003) 9 SCC 300] we think it appropriate to refer this a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rent legislative bodies must be free from the unhealthy influence of appeals to religion, race, caste, community, or language. If these considerations are allowed any way in election campaigns, they would vitiate the secular atmosphere of democratic life, and so, Section 123(3) wisely provides a check on this undesirable development by providing that an appeal to any of these factors made in furtherance of the candidature of any candidate as therein prescribed would constitute a corrupt practice and would render the election of the said candidate void. [Emphasis supplied by us]. It is quite clear from a reading of the above passages that the concern of Parliament in enacting Section 123(3) of the Act was to provide a check on the undesirable development of appeals to religion, race, caste, community or language of any candidate. Therefore, to maintain the sanctity of the democratic process and to avoid vitiating the secular atmosphere of democratic life, an appeal to any of the factors would void the election of the candidate committing the corrupt practice. However, it must be noted that Kultar Singh made no reference to the decision in Jagdev Singh Sidhanti. 8. A few yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny to bring within the net of sub-section (3) any appeal in which there is a reference to religion. It was further held that if religion is the basis on which an appeal to vote or refrain from voting for any person is prohibited by Section 123 (3) of the Act it must be that of the candidate for whom the appeal to vote is made or against a rival candidate to refrain from voting. This Court observed as follows: There can be no doubt that the word his used in sub-section (3) must have significance and it cannot be ignored or equated with the word any to bring within the net of sub-section (3) any appeal in which there is any reference to religion. The religion forming the basis of the appeal to vote or refrain from voting for any person, must be of that candidate for whom the appeal to vote or refrain from voting is made. This is clear from the plain language of sub-section (3) and this is the only manner in which the word his used therein can be construed. The expressions the appeal to vote or refrain from voting for any person on the ground of his religion, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the electio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cided about four decades later gave a narrow and restricted meaning to the provision by an apparent misreading of Section 123(3) of the Act. Hence the apparent conflict pointed out in Narayan Singh. In any event today (and under the circumstance mentioned above) this provision falls for our consideration and interpretation. Legislative history 14. Corrupt practices during the election process were explained in the Act (as it was originally enacted in 1951) in Chapter I of Part VII thereof. Section 123 dealt with major corrupt practices while Section 124 dealt with minor corrupt practices. Chapter II dealt with illegal practices for the purposes of the Act. As far as we are concerned, Section 124(5) of the Act (dealing with minor corrupt practices) as originally framed is relevant and this reads as follows: (5) The systematic appeal to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious and national symbols, such as, the national flag and the national emblem, for the furtherance of the prospects of a candidate s election. 15. It will be apparent that Section 124(5) of the Act made a systematic appeal (q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntric in that a systematic appeal would have to be made (to an elector) by a candidate, his agent or any other person with the candidate s consent or the consent of the candidate s election agent to vote or refrain from voting on certain specified grounds for the furtherance of the prospects of a candidate s election . 20. Apparently to make the corrupt practice more broad-based, the Act was sought to be amended in 1961. A Bill to this effect was introduced in the Lok Sabha on 10th August, 1961. The Notes on Clauses accompanying the Bill (the relevant clause being Clause 25) stated as follows: Clauses 25, 26, 29 and 30. - For curbing communal and separatist tendencies in the country it is proposed to widen the scope of the corrupt practice mentioned in clause (3) of section 123 of the 1951 Act (as in sub-clause (a) of clause 25), and to provide for a new corrupt practice (as in sub- clause (b) of clause 25) and a new electoral offence (as in clause (26) for the promotion of feelings of hatred and enmity on grounds of religion, race, caste, community or language. It is also proposed that conviction for this new offence will entail disqualification for membership of Parlia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... romote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. 23. Minutes of Dissent were recorded by two Hon ble Members of Parliament in the Report of the Select Committee. Ms. Renu Chakravartty made some observations with regard to the proposed insertion of clause (3A) in Section 123 of the Act and then noted with reference to clause (3) thereof that: Even the declared object of this Bill of curbing communalism seems to me not to be seriously meant. I suggest an amendment to clause 23 to the effect that places of religious worship or religious congregation should not be used for election propaganda and the practice of priests and dignitaries appealing to religious symbols and sentiments should be regarded as corrupt practices. In Chapter III, I had proposed to make these as electoral offences and anyone indulging in them punishable. I am surprised to see t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of that candidate or for prejudicially affecting the election of any candidate. 26. Significantly, the word systematic was deleted despite the dissent of Shri Balraj Madhok. The effect of this is that even a single appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate would be deemed to be a corrupt practice for the purposes of the Act. 27. The sweep of sub-section (3) of Section 123 of the Act was considerably enlarged in 1961 by deleting the word systematic before the word appeal and according to learned counsel for the appellants the sweep was apparently restricted by inserting the word his before religion. 28. Interestingly, simultaneous with the introduction of the Bill to amend the Act, a Bill t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al and an attempt to grapple with a very difficult disease. It is worth quoting what Shri A.K. Sen had to say for this limited purpose: Now, I come to the main question with regard to clauses 23 and 24, that is, the new provision in clause 23 seeking to prohibit the appeal to communal or linguistic sentiments, and also clause 24 which penalizes the creation of enmity between different classes. Those hon. Members who feel that we should have kept the word systematic have really failed to appreciate the very purpose of this amendment. There would have been no necessity of this amendment if the old section with the word systematic had served its purpose. It is well known that the old section was as good as dead. There could have been no possibility of preventing an appeal to communal, religious or other sectarian interests, with the word systematic in the section, because it is impossible to prove that a person or a candidate or his agent was doing it systematically; and one or two cases would not be regarded as systematic. We feel, and I think it has been the sense of this House without any exception, that even a stray appeal to success at the polls on the ground of one s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the interpretation of his religion, race, caste, community or language in the context in which the expression is used, we cannot completely ignore the contemporaneous introduction of sub-section (3A) in Section 123 of the Act nor the introduction of Section 153A of the IPC. Submissions and discussion 33. At the outset we may state that we heard a large number of counsels, many of them on behalf of interveners which included (surprisingly) some States. However, the leading submissions on behalf of the appellants on the issue before us were addressed by Shri Shyam Divan, Senior Advocate. Some learned counsels supplemented him while others opposed his narrow interpretation of the provision under consideration. 34. Basically, four principal submissions were made by learned counsel for the appellants: Firstly, that sub-section (3) of Section 123 of the Act must be given a literal interpretation. It was submitted that the bar to making an appeal on the ground of religion[The submission would equally apply to an appeal on the ground of caste, race, community or language] must be confined to the religion of the candidate both for the furtherance of the prospects of the ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r voting at any election. (2) Any person disqualified by a decision of the President under sub- section (1) of Section 8A for any period shall be disqualified for the same period for voting at any election. (3) The decision of the President on a petition submitted by any person under sub-section (2) of Section 8A in respect of any disqualification for being chosen as, and for being, a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of Section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.] Therefore, a broad interpretation of sub-section (3) of Section 123 of the Act must be eschewed and it should be given a restricted interpretation. Thirdly, it was submitted that if a broad or purposive interpretation is given to sub-section (3) of Section 123 of the Act then that sub-section might fall foul of Article 19(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of others or whip up low herd instincts and animosities or irrational fears between groups to secure electoral victories. The line has to be drawn by the courts, between what is permissible and what is prohibited, after taking into account the facts and circumstances of each case interpreted in the context in which the statements or acts complained of were made. [Emphasis supplied by us]. The above expression of views was cited with approval in S. Hareharan Singh v. S. Sajjan Singh.[ (1985) 1 SCC 370 decided by a Bench of three learned judges] Literal versus Purposive Interpretation 36. The conflict between giving a literal interpretation or a purposive interpretation to a statute or a provision in a statute is perennial. It can be settled only if the draftsman gives a long-winded explanation in drafting the law but this would result in an awkward draft that might well turn out to be unintelligible. The interpreter has, therefore, to consider not only the text of the law but the context in which the law was enacted and the social context in which the law should be interpreted. This was articulated rather felicitously by Lord Bingham of Cornhill in R. v. Secretary of State f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nting out (page 190) that the furnishing of information had been treated as one of the main functions of a document, the judge concluded that the tape recording was a document. 37. In the same decision, Lord Steyn suggested that the pendulum has swung towards giving a purposive interpretation to statutes and the shift towards purposive construction is today not in doubt, influenced in part by European ideas, European Community jurisprudence and European legal culture. It was said: . the adoption of a purposive approach to construction of statutes generally, and the 1990 Act [Human Fertilisation and Embryology Act 1990] in particular, is amply justified on wider grounds. In Cabell v Markham[(1945) 148 F 2d 737] Justice Learned Hand explained the merits of purposive interpretation, at p 739: Of course it is true that the words used, even in their literal sense, are the primary, and ordinarily the most reliable, source of interpreting the meaning of any writing: be it a statute, a contract, or anything else. But it is one of the surest indexes of a mature developed jurisprudence not to make a fortress out of the dictionary; but to remember that statutes always have some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll-drafted and debated in Parliament there is little or no need to adopt any interpretation other than a literal interpretation of the statute. However, in a welfare State like ours, what is intended for the benefit of the people is not fully reflected in the text of a statute. In such legislations, a pragmatic view is required to be taken and the law interpreted purposefully and realistically so that the benefit reaches the masses. Of course, in statutes that have a penal consequence and affect the liberty of an individual or a statute that could impose a financial burden on a person, the rule of literal interpretation would still hold good. 39. The Representation of the People Act, 1951 is a statute that enables us to cherish and strengthen our democratic ideals. To interpret it in a manner that assists candidates to an election rather than the elector or the electorate in a vast democracy like ours would really be going against public interest. As it was famously said by Churchill: At the bottom of all the tributes paid to democracy is the little man, walking into the little booth, with a little pencil, making a little cross on a little bit of paper if the electoral law ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Another facet of purposive interpretation of a statute is that of social context adjudication. This has been the subject matter of consideration and encouragement by the Constitution Bench of this Court in Union of India v. Raghubir Singh (Dead) by Lrs.[ (1989) 2 SCC 754] In that decision, this Court noted with approval the view propounded by Justice Holmes, Julius Stone and Dean Roscoe Pound to the effect that law must not remain static but move ahead with the times keeping in mind the social context. It was said: But like all principles evolved by man for the regulation of the social order, the doctrine of binding precedent is circumscribed in its governance by perceptible limitations, limitations arising by reference to the need for readjustment in a changing society, a readjustment of legal norms demanded by a changed social context. This need for adapting the law to new urges in society brings home the truth of the Holmesian aphorism that the life of the law has not been logic it has been experience ,[Oliver Wendell Holmes: The Common Law page 5] and again when he declared in another study[Oliver Wendell Holmes : Common Carriers and the Common Law, (1943) 9 Curr LT 387, 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law can afford to do away with them. At the same time it has to be recognized that there is a continuing process of the growth of law and one can retard it only at the risk of alienating law from life itself ... [Emphasis supplied by us]. 45. Finally, in Badshah v. Urmila Badshah Godse[(2014) 1 SCC 188] this Court reaffirmed the need to shape law as per the changing needs of the times and circumstances. It was observed: The law regulates relationships between people. It prescribes patterns of behaviour. It reflects the values of society. The role of the court is to understand the purpose of law in society and to help the law achieve its purpose. But the law of a society is a living organism. It is based on a given factual and social reality that is constantly changing. Sometimes change in law precedes societal change and is even intended to stimulate it. In most cases, however, a change in law is the result of a change in social reality. Indeed, when social reality changes, the law must change too. Just as change in social reality is the law of life, responsiveness to change in social reality is the life of the law. It can be said that the history of law is the history of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statute and can only be exercised on the conditions laid down by the statute. The Fundamental Rights Chapter has no bearing on a right like this created by statute. The appellants have no fundamental right to be elected members of Parliament. If they want that they must observe the rules. If they prefer to exercise their right of free speech outside these rules, the impugned sections do not stop them. We hold that these sections are intra vires. We need say nothing more on the subject. Overturning the settled legal position 48. Several decisions were cited before us to contend that we should not unsettle the long-standing interpretation given to Section 123(3) of the Act. As we have indicated earlier, there was some uncertainty about the correct interpretation of sub-section (3) of Section 123 of the Act. It is not as if the interpretation was well-recognized and settled. That being the position, there is really nothing that survives in this submission. Conclusion 49. On a consideration of the entire material placed before us by learned counsels, we record our conclusions as follows: The provisions of sub-section (3) of Section 123 of the Representation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pretation but also on textual interpretation. A literal interpretation does not exclude a purposive interpretation of the provisions whether in relation to a taxing statute or a penal statute. In IRC v. Trustees of Sir John Aird s Settlement [1984 CH 382 : (1983) 3 All ER 481 (CA)], the Court observed as follows: Two methods of statutory interpretation have at times been adopted by the court. One, sometimes called literalist, is to make a meticulous examination of the precise words used. The other sometimes called purposive, is to consider the object of the relevant provision in the light of the other provisions of the Act - the general intendment of the provisions. They are not mutually exclusive and both have their part to play even in the interpretation of a taxing statute. There seems no valid reason while construing a statute (be it a taxing or penal statute) why both rules of interpretation cannot be applied. 3. Sub-section (3) of Section 123 of the Act reads as follows: 123 (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndidate or his election agent, appeals to a voter highlighting that the opposing candidate does not belong to a particular religion, or caste or does not speak a language, thus emphasizing the distinction between the audience s (intended voters) religion, caste or language, without referring to the candidate on whose behalf the appeal is made, and who may conform to the audience s religion, caste or speak their language, the provision is attracted. The interpretation that I suggest therefore, is wholesome and leaves no scope for any sectarian caste or language based appeal and is best suited to bring out the intendment of the provision. There is no doubt that the section on textual and contextual interpretation proscribes a reference to either. 5. This Court in Grasim Industries v. Collector of Customs, Bombay [2002 (4) SCC 297] observed as follows:- 10. No words or expressions used in any statute can be said to be redundant or superfluous. In matters of interpretation one should not concentrate too much on one word and pay too little attention to other words. No provision in the statute and no word in any section can be construed in isolation. Every provision and every word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee to choose the candidate best suited to represent them. 6. The correct question is not whether a construction which is strict or one which is more free should be adopted but what is the true construction of the statute. A passage in Craies on Statute Law, 7th Edn. at Page No.531 reads as follows:- The distinction between a strict and a liberal construction has almost disappeared with regard to all classes of statutes, so that all statutes, whether penal or not, are now construed by substantially the same rules. All modern Acts are framed with regard to equitable as well as legal principles [Edwards vs. Edwards : (1876) 2 Ch. D. 291, 297, Mellish L. J., quoted with approval by Lord Cozens Hardy M.R. in Re. Monolithic Building Co Ltd. (1915) 1 Ch. 643, 665]. A hundred years ago , said the Court in Lyons case [(1958) Bell C.C. 38, 45], statutes were required to be perfectly precise, and resort was not had to a reasonable construction of the Act, and thereby criminals were often allowed to escape. This is not the present mode of construing Acts of Parliament. They are construed now with reference to the true meaning and real intention of the legislature. 7. It is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a few lines of my own in support of the same. 2. The legislative history of Section 123(3) as it now forms part of the statute has been traced in the order proposed by brother Lokur, J. I can make no useful addition to that narrative which is both exhaustive and historically accurate. I may, perhaps pick up the threads post 1958 by which time amendments to the Representation of People Act, 1951 had brought Section 123(3) to read as under:- Section 123 (1) xxxxxx (2) xxxxxx (3) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting on the grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or national emblem, for the furtherance of the prospects of that candidate s election. 3. A close and careful reading of the above would show that for an appeal to constitute a corrupt practice it had to satisfy the following ingredients: the appeal was made by the candidate, or his agent, or by any other person with the consent of the candidate or his elect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of that candidate s election. - 6. The bill proposing the above amendment was referred to a Select Committee who re-drafted the same for it was of the view that the amendment as proposed did not clearly bring out its intention. The redrafted provision was with the minutes of dissent recorded by Ms. Renu Chakravartty and Mr. Balraj Madhok debated by the Parliament and enacted to read as under: (1) xxxxxxxxx (2) xxxxxxxxxx (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herance of the prospects of a candidate. Now, if that was the legal position before the amendment and if the Parliament intended to enlarge the scope of the corrupt practice as indeed it did, the question of the scope being widened and restricted at the same time did not arise. There is nothing to suggest either in the statement of objects and reasons or contemporaneous record of proceedings including notes accompanying the bill to show that the amendment was contrary to the earlier position intended to permit appeals in the name of religion, race, caste, community or language to be made except those made in the name of the religion, race, caste, community or language of the candidate for the furtherance of whose prospects such appeals were made. Any such interpretation will not only do violence to the provisions of Section 123(3) but also go against the avowed purpose of the amendment. Any such interpretation will artificially restrict the scope of corrupt practice for it will make permissible what was clearly impermissible under the unamended provision. The correct approach, in my opinion, is to ask whether appeals in the name of religion, race, caste, community or language which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t irreligion. It does not mean that Secularism itself becomes a positive religion or that the State assumes divine prerogatives. Though faith in the Supreme is the basic principle of the Indian tradition, the Indian State will not identify itself with or be controlled by any particular religion. We hold that no one religion should be given preferential status, or unique distinction, that no one religion should be accorded special privileges in national life or international relations for that would be a violation of the basic principles of democracy and contrary to the best interests of religion and government. This view of religious impartiality, of comprehension and forbearance, has a prophetic role to play within the national and international life. No group of citizens shall arrogate to itself rights and privileges, which it denies to others. No person should suffer any form of disability or discrimination because of his religion but all like should be free to share to the fullest degree in the common life. This is the basic principle involved in the separation of Church and State. [emphasis supplied] 12. Dr. B.R. Ambedkar also explained the significance of secular state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed with any secular activity of the State. In fact, the encroachment of religion into secular activities is strictly prohibited. This is evident from the provisions of the Constitution to which we have made reference above. The State's tolerance of religion or religions does not make it either a religious or a theocratic State. When the State allows citizens to practise and profess their religions, it does not either explicitly or implicitly allow them to introduce religion into non- religious and secular activities of the State. The freedom and tolerance of religion is only to the extent of permitting pursuit of spiritual life which is different from the secular life. The latter falls in the exclusive domain of the affairs of the State. This is also clear from Sub-section [3] of Section 123 of the Representation of the Peoples Act, 1951 which prohibits an appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of or appeal to religious symbols. Sub-section [3A] of the same section prohibits the prom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cular religion comes to power, that religion tends to become, in practice, the official religion. All other religions come to acquire a secondary status, at any rate, a less favourable position. This would be plainly antithetical to Articles 14 to 16, 25 and the entire constitutional scheme adumbrated hereinabove. Under our Constitution, no party or Organisation can simultaneously be a political and a religious party. 20. Relying upon the pronouncement of SR Bommai (supra) this Court in M.P. Gopalakrishnan Nair and Anr. v. State of Kerala and Ors. (2005) 11 SCC 45 declared that the judicial process must promote citizen s participation in the electoral process free from any corrupt practice in the exercise of their adult franchise. The Court held that rise of fundamentalism and communalism of politics encouraged the separatist and divisive forces and become breeding grounds for national disintegration and failure of the parliamentary democratic system. 21. In Dr. Vimal (Mrs.) v. Bhaguji Ors. (1996) 9 SCC 351 this Court emphasized the need for interpreting Section 123(3) and 123(3A) of the Representation of Peoples Act, 1951 to maintain national integrity and unity amongst t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive of keeping the State and its activities free from religious considerations, therefore, must be avoided. This Court has in several pronouncements ruled that while interpreting an enactment, the Courts should remain cognizant of the Constitutional goals and the purpose of the Act and interpret the provisions accordingly. 24. In Kedar Nath Vs. State of Bihar (AIR 1962 SC 955), a Constitution bench of this Court declared that while interpreting an enactment, the Court should have regard not merely to the literal meaning of the words used, but also take into consideration the antecedent history of the legislation, its purpose and the mischief it seeks to address. More importantly, the Court observed: 26. It is well-settled that if certain provisions of law construed in one way would make them consistent with the Constitution, and another interpretation would render them unconstitutional, the Court would lean in favour of the former construction 25. Extending the above principle further one can say that if two constructions of a statute were possible, one that promotes the constitutional objective ought to be preferred over the other that does not do so. 26. To somewhat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interpretations that are in tune with such provisions and ethos ought to be preferred over others. Applying that principle to the case at hand, an interpretation that will have the effect of removing the religion or religious considerations from the secular character of the State or state activity ought to be preferred over an interpretation which may allow such considerations to enter, effect or influence such activities. Electoral processes are doubtless secular activities of the State. Religion can have no place in such activities for religion is a matter personal to the individual with which neither the State nor any other individual has anything to do. The relationship between man and God and the means which humans adopt to connect with the almighty are matters of individual preferences and choices. The State is under an obligation to allow complete freedom for practicing, professing and propagating religious faith to which a citizen belongs in terms of Article 25 of the Constitution of India but the freedom so guaranteed has nothing to do with secular activities which the State undertakes. The State can and indeed has in terms of Section 123(3) forbidden interference of reli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erence before this Bench of seven Judges arises in this way : In Narayan Singh v. Sunderlal Patwa[(2003) 9 SCC 300], a Constitution Bench of this Court observed in its order dated 28 August 2002 that the High Court in that case had construed Section 123(3) to mean that it will not be a corrupt practice when the voters belonging to some other religion are appealed, other than the religion of the candidate. This construction was supported by three Judge Bench decisions of this Court in Kanti Prasad Yagnik v. Purshottamdas Patel[(1969) 1 SCC 455] and Dr Ramesh Yashwant Prabhoo v. Prabhakar Kashinath Kunte[(1996) 1 SCC 130]. There were observations of the Constitution Bench in Kultar Singh v. Mukhtar Singh[(1964) 7 SCR 790] bearing on the interpretation of Section 123(3). In the referring order in Naryan Singh (supra), this Court observed that in the nine Judge Bench decision in S R Bommai v. Union of India[(1994) 3 SCC 1], there were certain observations which were contrary to the decisions of the three Judge Benches noted above. The order of reference was founded on the following reasons : 2 the very object of amendment in introducing Act 40 of 1961 was for curbing the commu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts amendment in 1961, Section 123(3)[ Section 123(3) was substituted by amending Act 40 of 1961, w.e.f. 20.9.1961], to the extent that is relevant to the present case, provides as follows : 123(3). The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. Together with the substitution of sub-section (3), the amending enactment introduced sub-section 3A, in the following terms : 123(3A). The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of such disqualification has not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period; (3) Before giving his decision on any question mentioned in sub-section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion. 8 Section 11(A)(2) stipulates that any person who is disqualified by a decision of the President under sub-section (1) of Section 8(A) for any period shall be disqualified for the same period from voting at any election. 9 Section 16 of the Representation of the People Act, 1951 provides that where a person is disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections, that person shall be disqualified for registration in an electoral roll. Moreover, if a person has been disqualified after registration in an electoral roll, the name of that person is to be immediately struck off the electoral roll in which it was included. These provisions in the matter of disqualification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stently applied by this Court while construing the ambit of the expression corrupt practices . The rule of strict interpretation has been adopted in Amolakchand Chhazed v. Bhagwandas[(1977) 3 SCC 566]. A Bench of three Judges of this Court held thus : 12....Election petitions alleging corrupt practices are proceedings of a quasi-criminal nature and the onus is on the person who challenges the election to prove the allegations beyond reasonable doubt. (Id at p. 572) 12 The standard of proof is hence much higher than a preponderance of probabilities which operates in civil trials. The standard of proof in an election trial veers close to that which guides a criminal trial. This principle was applied in another decision of three Judges of this Court in Baldev Singh Mann v. Gurcharan Singh (MLA)[ (1996) 2 SCC 743] in the following observations: 8. It is well-settled that an allegation of corrupt practice within the meaning of sub-sections (1) to (8) of Section 123 of the Act, made in the election petition are regarded quasi-criminal in nature requiring a strict proof of the same because the consequences are not only very serious but also penal in nature. It may be pointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct interpretation must be made for construction thereof. In his classic work The Interpretation and Application of Statutes Read Dickerson states: (1) The court will not extend the law beyond its meaning to take care of a broader legislative purpose. Here strict means merely that the court will refrain from exercising its creative function to apply the rule announced in the statute to situations not covered by it, even though such an extension would help to advance the manifest ulterior purpose of the statute. Here, strictness relates not to the meaning of the statute but to using the statute as a basis for judicial law-making by analogy with it; (2) The court will resolve an evenly balanced uncertainty of meaning in favour of a criminal defendant, the common law, the common right , a taxpayer, or sovereignty; (3) The court will so resolve a significant uncertainty of meaning even against the weight of probability; (4) The court will adhere closely to the literal meaning of the statute and infer nothing that would extend its reach; (5) Where the manifest purpose of the statute, as collaterally revealed, is narrower than its express meaning, the court will restric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that candidate or (ii) prejudicially affecting the election of any candidate. 15 Section 123(3) evinces a Parliamentary intent to bring within the corrupt practice an appeal by a candidate or his agent (or by any person with the consent of the candidate or his election agent) to either vote or refrain from voting for any person. The positive element is embodied in the expression to vote . What it means is that there is an appeal to vote in favour of a particular candidate. Negatively, an appeal not to vote for a rival candidate is also within the text of the provision. An appeal to vote for a candidate is made to enhance the prospects of the candidate at the election. An appeal to refrain from voting for a candidate has a detrimental effect on the election prospects of a rival candidate. Hence, in the first instance, there is an appeal by a candidate (or his agent or by another person with the consent of the election agent). The appeal is for soliciting votes in favour of the candidate or to refrain from voting for a rival candidate. The expression his means belonging to or associated with a person previously mentioned. The expression his used in conjunction with religion, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there a valid rationale for Parliament, in adopting Section 123(3), to focus on an appeal to the religion of the candidate or of a rival candidate? There is a clear rationale and logic underlying the provision. A person who contests an election for being elected as a representative of the people either to Parliament or the state legislatures seeks to represent the entire constituency. A person who is elected represents the whole of the constituency. Our Constitution has rejected and consciously did not adopt separate electorates. Even where a constituency is reserved for a particular category, the elected candidate represents the constituency as a whole and not merely persons who belong to the class or category for whom the seat is reserved. A representative of the people represents people at large and not a particular religion, caste or community. Consequently, as a matter of legislative policy Parliament has mandated that the religion of a candidate cannot be utilized to solicit votes at the election[The same holds in the case of race, caste, community or language of a candidate.].Similarly, the religion of a rival candidate cannot form the basis of an appeal to refrain from voti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of socially or educationally backward classes of the citizens or for the scheduled castes and scheduled tribes. Article 16(1) guarantees equality of opportunity for all citizens in matters relating to public employment while clause (2) contains a guarantee against discrimination only on the grounds of religion, race, caste, sex, descent, place of birth, residence or any of them. Yet, clause (4) of Article 16 empowers the state to make provisions for the reservation of appointments or posts in favour of any backward class of citizens which is not adequately represented in the services under the state. Article17 abolishes untouchability, which is a pernicious and baneful practice of caste. Article 25 guarantees to all persons an equal entitlement to the freedom of conscience and the right to freely practice, profess and propagate religion. Yet, Article 25(2)(b) enables the state to make any law providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Article 25(2)(b) is a recognition of the social history of discrimination which perpetrated centuries of exclusion from worship on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and legitimacy. Hence, it would be far- fetched to assume that in legislating to adopt Section 123(3), Parliament intended to obliterate or outlaw references to religion, caste, race, community or language in the hurly burly of the great festival of democracy. The corrupt practice lies in an appeal being made to vote for a candidate on the ground of his religion, race, caste, community or language. The corrupt practice also lies in an appeal to refrain from voting for any candidate on the basis of the above characteristics of the candidate. Electors however, may have and in fact do have a legitimate expectation that the discrimination and deprivation which they may have suffered in the past (and which many continue to suffer) on the basis of their religion, caste, or language should be remedied. Access to governance is a means of addressing social disparities. Social mobilisation is a powerful instrument of bringing marginalised groups into the mainstream. To hold that a person who seeks to contest an election is prohibited from speaking of the legitimate concerns of citizens that the injustices faced by them on the basis of traits having an origin in religion, race, caste, commu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o voters especially where large segments of the population were deprived of basic human rights as a result of prejudice and discrimination which they have suffered on the basis of caste and race. The Constitution does not deny religion, caste, race, community or language a position in the public space. Discussion about these matters - within and outside the electoral context is a constitutionally protected value and is an intrinsic part of the freedom of speech and expression. The spirit of discussion, debate and dialogue sustains constitutional democracy. A sense of inclusion can only be fostered by protecting the right of citizens freely to engage in a dialogue in public spaces. Dialogue and criticism lie at the heart of mobilising opinion. Electoral change is all about mobilising opinion and motivating others to stand up against patterns of prejudice and disabilities of discrimination. Section 123(3) does not prohibit electoral discourse being founded on issues pertaining to caste, race, community, religion or language. 22 What is proscribed by Section 123(3) is a candidate soliciting votes for himself or making a request for votes not to be cast for a rival candidate on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular or repetitive. 25 In 1956, Parliament enacted an amending law[Act 27 of 1926] by which Chapter I was substituted in the principal Act for erstwhile Chapters I and II of Part VII by introducing a comprehensive definition of corrupt practices in Section 123. Section 123(3) as enacted by the amending Act was in the following terms : 123. Corrupt practices .- (3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate s election. 26 The 1956 Amendment continued the requirement of a systemic appeal to vote or refrain from voting on grounds of caste, race, community or religion but brought in words indicating that the appeal may be by a candidate or his agent or by any other person. In 1958, an amending Act[Act 58 of 1958]] was enacted by which the expression with the consent of a candidate or his election agent were added. If a candidate were to be held liable for a statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. 28 The substitution of Section 123(3) by the Amending Act of 1961 was preceded by a report of the Select Committee. During the course of the discussions in the Select Committee two notes of dissent were appended by Smt. Renu Chakravartty and by Shri Balraj Madhok. Recording her dissent Smt. Chakravartty stated that : The major amendment in the Bill is clause 23 seeking to amend section 123 of the principal Act (1951). The ostensible reason given is that communal and caste propaganda and the enmity arising there from, must be checked for the purposes of strengthening national integration. No secular democratic party can object to such a laudable proposition, although according to me, there are sufficient powers in the ordinary law to check these practices if those in power desire to do so. Therefore, I am of the opinion that no useful purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. By deleting the expression systematic , Parliament indicated that an appeal by itself would be sufficient if the provisions were otherwise fulfilled. Moreover, language was an additional ground which was introduced in addition to religion, race, caste and community. Sub-section 3A was simultaneously introduced so as to provide that the promotion of or an attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language would constitute a corrupt practice where it was indulged in by a candidate, his agent or by any other person with the consent of the candidate or his election agent for furthering the election prospects of the candidate or for prejudicially affecting the election of any candidate. While widening the ambit of the corrupt practice as provided in sub-section (3), a significant change was brought about by the inclusion of the words for any person on the ground of his . Shri A.K. Sen, who was then the Law Minister explained the reason for the introduction of the word his in a speech in the Lok Sabha : Shri A.K. Sen : I added the word his in the Select Committee in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on on that line. Similarly, on the ground of religion. (emphasis supplied) The speech of the Law Minister, who moved the Bill leaves no manner of doubt that the expression his referred to the religion of the candidate (or his caste, community, race or language) for whom votes were sought or of the candidate whose election was sought to be prejudicially affected by an appeal to refrain from voting. 31 The traditional view of courts both in India and the UK was a rule of exclusion by which parliamentary history was not readily utilized in interpreting a law. But as Justice GP Singh points out in his Principles of Statutory Interpretation[XIVth Edn. P-253], the Supreme Court of India utilized parliamentary history on many an occasion as an aid to resolving questions of construction. The learned author states that : The Supreme Court, speaking generally, to begin with, enunciated the rule of exclusion of Parliamentary history in the way it was traditionally enunciated by the English Courts, but on many an occasion, the court used this aid in resolving questions of construction. The court has now veered to the view that legislative history within circumspect limits may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the narrow view favouring the exclusion of legislative history has given way to a broader perspective. Debates in the Constituent Assembly have been utilized as an aid to the interpretation of a constitutional provision (Indra Sawhney v. Union of India[AIR 1993 SC 477]. Parliamentary debates have been relied upon in the context of a dispute relating to the construction of the Patents Act, 1970, (Novartis AG v. Union of India[(2013) 6 SCC 1)]); while construing the provisions of the Mines and Minerals (Regulation and Development) Act, 1957, (State of Madhya Pradesh v. Dadabhoy s New Chirimiri Ponri Hill Colliery Co. Pvt. Ltd.)[ (1972) 1 SCC 298][See also in this context Union of India v. Legal Stock Holders Syndicate[AIR 1976 SC 879], K.P. Vergese v. Income Tax Officer[AIR 1981 SC 1922], Surana Steels Pvt. Ltd. v. Dy Commissioner of Income Tax[(199) 4 SCC 306]. 33 The modern trend as Justice GP Singh notes (supra) is to permit the utilization of parliamentary material, particularly a speech by the Minister moving a Bill in construing the words of a statute : (iii) Modern trend.-The school of thought that limited but open use should be made of parliamentary history in constru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely within the definitive text of the Act itself. This eminently convenient doctrine has unfortunately proved too idealistic and theoretical in practice. The essence of statutory interpretation lies in resolving the dichotomy between the pure doctrine that the law is to be found in the Act and nowhere else, and the realist doctrine that legislation is an imperfect technique requiring, for the social good, an importation of surrounding information. In the upshot, this information is generally regarded as admissible (according to the weight it deserves to carry) unless there is some substantial reason requiring it to be kept out. The modern trend is to enable the court to look at the enacting history of a legislation to foster a full understanding of the meaning behind words used by the legislature, the mischief which the law seeks to deal and in the process, to formulate an informed interpretation of the law. Enacting history is a significant element in the formation of an informed interpretation. 36 The legislative history indicates that Parliament, while omitting the requirement of a systematic appeal intended to widen the ambit of the provision. An appeal is not h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovision, Parliament was legitimately entitled to define its boundaries. The incorporation of the word his achieves just that purpose F. Precedent 37 Several decisions of this Court have construed the provisions of Section 123(3). While adverting to those decisions, it would be necessary to note that each of the decisions was rendered in the context of the provision as it then stood. As noted earlier Section 123(3) has undergone statutory changes over the years. In Jagdev Singh Sidhanti v. Pratap Singh Daulta[] (1964) 6 SCR 750 [judgment delivered on 12 February 1964], a Constitution Bench held that the provisions of Section 123(3) must be read in the light of the fundamental right guaranteed by Article 29(1) of the Constitution which protects the right of any section of the citizens with a distinct language, script or culture of its own to conserve the same. Holding that a political agitation for the conservation of the language of a section of citizens is not a corrupt practice under Section 123(3), this Court observed : ..The corrupt practice defined by clause (3) of Section 123 is committed when an appeal is made either to vote or refrain from voting on the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Legislative Assembly. According to the respondent, the Appellant had made speeches calling upon voters to vote for him as a representative of the Sikh Panth. The issue before the Constitution Bench was whether these speeches amounted to an appeal to the voters to vote for the appellant on the ground of his religion and whether the distribution of certain posters constituted an appeal to the voters on the ground of the appellant s religion. The context indicates that the words of Section 123(3) were applied to determine whether there was an appeal on the ground of the religion of the candidate who had contested the election and was elected. The observations of a more general nature in paragraph 7 (extracted above) must be read and understood in the context of what actually fell for decision and what was decided. The Constitution Bench held that the reference to the Panth did not possibly mean the Sikh religion but only to a political party : 14 .After all, the impugned poster was issued in furtherance of the appellant's candidature at an election, and the plain object which it has placed before the voters is that the Punjabi Suba can be achieved if the appellant is elected; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s carried out by the appellant himself at some places, and at other places by others including his election agent. Ambika Sharan was therefore a case where an appeal was made on the ground of the religion of the candidate. 40 The decision of the Constitution Bench was followed by a Bench of three Judges of this Court in Ziyauddin Bukhari v. Brijmohan Ramdas[(1976) 2 SCC 17]. In that case, the appellant was contesting an election to the legislative assembly. In the course of his speeches he made a direct attack against a rival candidate who, like him, was also Muslim on the ground that he was not true to his religion whereas the appellant was. The High Court held this to be a corrupt practice under Section 123(3) following the decision in Kultar Singh. This was affirmed by this Court with the following observations : 30. The High Court had referred to Kultar Singh v. Mukhtiar Singh and said that a candidate appealing to voters in the name of his religion could be guilty of a corrupt practice struck by Section 123(3) of the Act if he accused a rival candidate, though of the same religious denomination, to be a renegade or a heretic. The appellant had made a direct attack of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. There is no ambiguity in Sub-section (3) and it clearly indicates the particular religion on the basis of which an appeal to vote or refrain from voting for any person is prohibited under Sub-section (3). The same view was adopted in Manohar Joshi v. Nitin Bhaurao Patil[(1996) 1 SCC 169]. This Court held that : 62. We would now consider the only surviving question based on the pleading in para 30 of the election petition. The specific allegation in para 30 against the appellant is that in the meeting held on 24-2-1990 at Shivaji Park, Dadar, he had stated that the first Hindu State will be established in Maharashtra . It is further pleaded therein that such meetings were held at Khaddke Building, Dadar on 21-2-1990, Prabhadevi on 16-2-1990, at Kumbharwada on 18-2-1990 and Khed Galli on 19-2-1990. These further facts are unnecessary in the context because the maximum impact thereof is to plead that the same statement was made by the appellant in the other meetings as well, even though such an inference does not arise by necessary implication. In our opinion, a mere statement that the first Hindu State will be established in Maharashtra is by itself not an appeal for vote ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in Section 123(3) has hence been construed to mean the religion of the candidate in whose favour votes are sought or the religion of a rival candidate where an appeal is made to refrain from voting for him. 43 In the decision of nine judges in S R Bommai v. Union of India[(1994) 3 SCC 1], the judgments of Justice P.B. Sawant (speaking for himself and Justice Kuldip Singh), Justice Ramaswamy and Justice BP Jeevan Reddy (speaking for himself and Justice Agarwal) have adverted to the provisions of Section 123(3). Secularism was held to be a part of the basic features of the Constitution in Bommai. The meaning of Section 123(3) was not directly in issue in the case, nor have all the judges who delivered separate judgments commented on the provision. Justice P.B. Sawant rejected the submission that an appeal only to the religion of the candidate is prohibited : 149. Mr Ram Jethmalani contended that what was prohibited by Section 123(3) was not an appeal to religion as such but an appeal to religion of the candidate and seeking vote in the name of the said religion. According to him, it did not prohibit the candidate from seeking vote in the name of a religion to which the can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... race, caste or community of the candidate or the use of religious symbols as a corrupt practice. Even a single instance of such a nature is enough to vitiate the election of the candidate. Similarly, sub-section (3-A) of Section 123 provides that promotion of, or attempt to promote, feelings of enmity or hatred between different classes of citizens of India on grounds of religion, race, caste, community or language by a candidate or his agent, etc. for the furtherance of the prospects of the election of that candidate is equally a corrupt practice. Section 29-A provides for registration of associations and bodies as political parties with the Election Commission. Every party contesting elections and seeking to have a uniform symbol for all its candidates has to apply for registration. While making such application, the association or body has to affirm its faith and allegiance to the principles of socialism, secularism and democracy among others. Since the Election Commission appears to have made some other orders in this behalf after the conclusion of arguments and because those orders have not been place before us or debated, we do not wish to say anything more on this subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It refers to the promotion of or attempt to promote hatred between different classes of citizens on the proscribed grounds. This has to be by a candidate or by any person with the consent of the candidate. The purpose is to further the election of the candidate or to prejudicially affect the election of a candidate. Section 123(3A) does not refer to the religion, race, caste, community or language of a candidate or of a rival candidate (unlike Section 123(3) which uses the expression his ). Section 123(3A) refers to the promotion of or attempts to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language. Section 123(3A) cannot be telescoped into Section 123(3). The legislature has carefully drafted Section 123(3) to reach out to a particular corrupt practice, which is even more evident when the ambit of Section 123(3A) is contrasted with Section 123(3). One cannot be read into the other nor can the text of Section 123(3) be widened on the basis of a purposive interpretation. To widen Section 123(3) would be to do violence to its provisions and to re-write the text. Moreover, it would be to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oided. That is not to say that if on a subsequent occasion, the Court is satisfied that its earlier decision was clearly erroneous, it should hesitate to correct the error; but before a previous decision is pronounced to be plainly erroneous, the Court must satisfied with a fair amount of unanimity amongst its members that a revision of the said view is fully justified. It is not possible or desirable, and in any case it would be inexpedient to lay down any principles which should govern the approach of the Court in dealing with the question of reviewing and revising its earlier decisions. It would always depend upon several relevant considerations :- What is the nature of the infirmity or error on which a plea for review and revision of the earlier view is based ? On the earlier occasion, did some patent aspects of the question remain unnoticed, or was the attention of the Court not drawn to any relevant and material statutory provision, or was any previous decision of this Court bearing on the point not noticed? Is the Court hearing such plea fairly unanimous that there is such an error in the earlier view? What would be the impact of the error on the general administration of la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h consequence if a decision has held the field for a long time or not; (ix) the court shall remain cognizant of the changing times that may require re-interpretation keeping in mind the infinite and variable human desires and changed conditions due to development with progress of years . 49 Justice Kurian Joseph while agreeing with the discussion and summarization of the principles on reconsideration of judgments made by Jusitce Lokur, at paragraph 673, enunciated another principle : 976 . I would like to add one more, as the tenth. Once this Court has addressed an issue on a substantial question of law as to the structure of the Constitution and has laid down the law, a request for revisit shall not be welcomed unless it is shown that the structural interpretation is palpably erroneous . . Justice A K Goel formulated the principle in the following terms: 1051. Parameters for determining as to when earlier binding decisions ought to be reopened have been repeatedly laid down by this Court. The settled principle is that court should not, except when it is demonstrated beyond all reasonable doubts that its previous ruling given after due deliberation and full hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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