caste based political rallies in india
Nirma University
Institute of Law
Semester V
B.Com. LL.B. (Hons.) Course
Article writing on the topic of
“BAN ON CASTE BASED RALLIES: FOR THE BETTER OR FOR WORSE”
In the Course of
Constitutional Law-II COURSE CODE: 2BL509
As a part of continuous evaluation scheme
Submitted To: Submitted By:
Prof. Tarkesh Moliya Chirag Jain (11bbl040)
JUDGEMENT OF ALLAHABAD HIGH COURT
On 11 July 2013, the Allahabad High Court had passed a verdict that there will be no caste-based rallies on the grounds that it disturbs social harmony and violates the constitutional spirit. It was based on a PIL with reference to case no Misc, bench no 5889 of 2013. The main grievance in the appeal was that many political parties had organized caste based rallies and had also decided to hold them in near future. It had also questioned the election commission 's failure to stop the parties to influence the voters on the basis of ‘caste’ and ‘religion’. Further the petitioner had also referred to some cases which involved breach of fundamental rights by majority groups who had the support of political parties. The petitioner also said that such caste-based rallies create enmity among castes and promote caste discrimination. The Centre, state government, ECI, Congress, BJP, SP and BSP have been made respondents in the PIL.1
The order was passed by a division bench comprising Justice Uma Nath Singh and Justice Mahendra Dayal on the public interest litigation (PIL) of a local lawyer Motilal Yadav and on behalf of the state government, additional Advocate General Bulbul Godiyal appeared before the court.2
Hon’ble High court itself accepted in its order that ‘It is a historical fact that the caste system has existed across the religions and throughout the world but it has always
Institute of Law
Semester V
B.Com. LL.B. (Hons.) Course
Article writing on the topic of
“BAN ON CASTE BASED RALLIES: FOR THE BETTER OR FOR WORSE”
In the Course of
Constitutional Law-II COURSE CODE: 2BL509
As a part of continuous evaluation scheme
Submitted To: Submitted By:
Prof. Tarkesh Moliya Chirag Jain (11bbl040)
JUDGEMENT OF ALLAHABAD HIGH COURT
On 11 July 2013, the Allahabad High Court had passed a verdict that there will be no caste-based rallies on the grounds that it disturbs social harmony and violates the constitutional spirit. It was based on a PIL with reference to case no Misc, bench no 5889 of 2013. The main grievance in the appeal was that many political parties had organized caste based rallies and had also decided to hold them in near future. It had also questioned the election commission 's failure to stop the parties to influence the voters on the basis of ‘caste’ and ‘religion’. Further the petitioner had also referred to some cases which involved breach of fundamental rights by majority groups who had the support of political parties. The petitioner also said that such caste-based rallies create enmity among castes and promote caste discrimination. The Centre, state government, ECI, Congress, BJP, SP and BSP have been made respondents in the PIL.1
The order was passed by a division bench comprising Justice Uma Nath Singh and Justice Mahendra Dayal on the public interest litigation (PIL) of a local lawyer Motilal Yadav and on behalf of the state government, additional Advocate General Bulbul Godiyal appeared before the court.2
Hon’ble High court itself accepted in its order that ‘It is a historical fact that the caste system has existed across the religions and throughout the world but it has always
Bibliography: “Welcome decision by Allahabad High Court”, Author - Pravin Agrawal on Jul 11, 2013 “The Need for judicial Restraint”- By justice Markandey Katju “Caste, the constitution and women in Haryana”, Written by- Arhopala Bazaloides, October 11, 2012 Impact of “Caste System in the State Politics of India”, by R Jain, “Caste and Political Leadership in Maharashtra, a Review and Current Appraisal’, Written by- Maureen L P Patterson, The Economic Weekly, September 25, 1954.