Tuesday 1 October 2024

The statement by the Supreme Court of India that politics and religion (or "gods") should not be mixed, including in cases like the Laddu Prasad issue, is grounded in India's secular framework, which is enshrined in the Constitution. Here are the key principles behind such rulings:

The statement by the Supreme Court of India that politics and religion (or "gods") should not be mixed, including in cases like the Laddu Prasad issue, is grounded in India's secular framework, which is enshrined in the Constitution. Here are the key principles behind such rulings:

1. Secularism in the Indian Constitution:

The Preamble of the Indian Constitution describes India as a "secular" state, meaning there is no official state religion, and the government is expected to treat all religions equally without favoring any.

Article 25 to Article 28 guarantee the Right to Freedom of Religion, allowing individuals to profess, practice, and propagate their religion, but also setting limits when religious practices interfere with public order, morality, or the rights of others.


2. Doctrine of Secularism:

Indian secularism is not about the absence of religion, but about ensuring that religion is kept separate from state matters. This means that while individuals are free to practice their religion, political decisions and governance must not be influenced by religious beliefs.

Politicians or government officials cannot use religious symbols, deities, or practices to gain electoral advantage or sway public opinion in a political context.


3. Prevention of Misuse of Religion in Politics:

The Representation of the People Act, 1951 (RPA), specifically under Section 123, prohibits the use of religion, caste, or community to appeal for votes. Any candidate who does so can be disqualified. The Supreme Court has reiterated that invoking religion or religious symbols for electoral gains violates the secular nature of the Constitution.

In several landmark judgments, including Abhiram Singh vs. C.D. Commachen (2017), the Supreme Court held that election campaigns based on religion or caste are "corrupt practices." Politicians are expected to focus on secular, welfare-oriented issues rather than invoking religious sentiments to win votes.


4. Supreme Court’s Rulings in Cases like the Laddu Prasad Issue:

In cases like the Laddu Prasad issue, where religious practices or symbols were being invoked in political contexts, the Supreme Court’s stance has been to separate religious practices from politics, reiterating that the Constitution's secular mandate prohibits the use of religious symbols or practices for political purposes.

The Court’s interpretation ensures that while citizens are free to practice their religion, political and state functions must remain free from religious influences, ensuring that public institutions, policies, and governance are based on secular principles and not religious favoritism.


5. Why the Separation is Important:

Mixing politics and religion can lead to divisiveness, communal tension, and exploitation of religious sentiments for political gain, undermining the unity, integrity, and fairness of the democratic process.

By maintaining a clear separation, the Court aims to uphold the constitutional values of equality, neutrality, and non-discrimination, ensuring that no group is favored or marginalized based on religion.


Conclusion:

The Supreme Court's stance on not mixing politics and religion is consistent with the secular nature of the Indian Constitution. While the Constitution respects religious freedom, it requires that religion remain a personal matter, not one that influences political decisions or electoral outcomes. This principle protects the democratic process and ensures the government remains neutral in religious matters.


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