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Judgment of the Supreme Court on the meaning of Hindutwa has received mixed reactions as it has happened always whenever the Apex Court delivered any important judgment. It is widely welcomed by those who regard that Hindutwa of Hinduism alone is the panacea for all the problems arising out of moral degradation in every sphere of national activity. On the other hand, those who regard Hindutwa as religion are adversely commenting on the judgment. They are expressing the apprehension that the view may be misused for exploiting religion for politics resulting in destruction of secular character of our Nation and therefore it requires reconsideration by a larger bench. It is also being criticised as contrary to the Nine Judge Bench Judgment in Bommai's case in which the Supreme Court reiterated that Secularism was an element of the basic structure of our Constitution and therefore an injunction against introducing caste and religion into politics.
A careful reading of the judgment in Manohar Joshi's case discloses that the view expressed by the Court that Hindutwa or Hinduism is not religion and it is a way of life comprising of noble values of life is based on earlier decisions of the Court and is flawless and unexceptionable. In order to correctly appreciate the point arising for consideration, we have to see as to what were the questions which arose for consideration.
The precise questions which arose for consideration in the batch of election cases were:
1) Whether there was an appeal to the voters to vote on the ground of religion? and
2) Whether the contents of the speeches of the candidates or their agents were such as would cause enmity among citizens on the ground of religion? both of which amount to corrupt practice within the meaning of Section 123 of the Representation of People Act, 1951.
Authors : Shri M. Rama Jois
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