It talks about the qualifications and qualifications for membership of both Houses of Parliament, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.
It deals with various sections like Section 8(2) and Section 8(3), Section 123, Section 123(3), Section 123(3A), Section 123(3B), etc.
Let us more focused on Section 123(3) it states that "The appeal to vote or refrain from voting in the ground of his religion, race, caste, community or language or appeal to religious symbols or national symbols to impact the election."
According to the research, I observed that Election is a secular exercise. It should not be bound by any influence of any kind like religion, race, caste, etc. It should be free and fair. No caste, no stratification, no bound.
No political leader has the right to influence people for voting him/her on the basis of creed according to the Representation of People's Act, 1951.
As we are in Indian society different people have different aspects. Indian society and people who live in as a feeling and significance of religion. Religion has a major role and this politics has a major influence over the Indian Population and culture.
Recently, The Ayodhya Case was in the news like always. Ayodhya case was a big basket of sweets for each political party to grab votes. As the apex court has given its verdict in favour of Ram temple and allotted 5-acre land for construction of Masjid. This verdict leads to stoppage of the religious vote in Uttar Pradesh in future and stopped the religious appeal in that certain region.
Challenges by RoPa 1951:
The RoPa 1951 violates Article 19(1)(a). This act violates the freedom of speech and expression of Political leaders during the Campaign if they are not allowed to influence people by their appeal which is considered on the basis of religion, caste, race, etc.
The Act should be precise in its literal interpretation and meaning.
When does an appeal become a religious appeal?
Many questions have been raised by people, many slogans were raised, many fingers were raised up, many religious sentiments were hurt, many acts passed and amendments were done to change the way of the society, to change the way you observe the community, to challenge the acts and to bring some transformative Constitutionalism.