As Supreme Court cites ‘Hinduism as way of life’, recalling 30-year-old ruling that coined the phrase
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Context
The , during hearings related to the Sabarimala case, revisited a 1995 judgment that controversially described Hinduism and Hindutva as a 'way of life'. This phrase originated in a ruling involving and , where the court condemned election speeches seeking votes in the name of religion as 'corrupt practices' under the . The debate continues over whether defining Hindutva as a 'way of life' inadvertently allows political rhetoric to bypass election laws meant to uphold secularism.
UPSC Perspectives
Polity
The core of this issue lies in the interpretation of secularism within the Indian electoral process. The (RPA) aims to ensure fair elections free from communal appeals. Section 123(3) explicitly defines seeking votes based on religion, race, caste, community, or language as a 'corrupt practice'. Furthermore, Section 123(3A) prohibits promoting feelings of enmity or hatred between different classes of citizens on these grounds. The 1995 judgment upheld the constitutional validity of these provisions, emphasizing that in a secular polity, appealing for votes based on religion is unacceptable and restricts (freedom of speech). However, the critical tension arises from the court's simultaneous observation that 'Hinduism' or 'Hindutva' is a 'way of life' and not necessarily synonymous with narrow religious fundamentalism. This creates a legal gray area, challenging the to differentiate between legitimate cultural discourse and prohibited religious appeals during campaigns. UPSC frequently explores this tension between freedom of expression, cultural identity, and the imperatives of secular democracy in GS Paper 2.
Governance
The long-term impact of the 1995 ruling highlights the challenges in electoral governance and judicial interpretation. By categorizing Hindutva as a 'way of life', the arguably blurred the lines between religion and culture in the context of election law. Critics assert this ambiguity has allowed political candidates to employ majoritarian rhetoric by framing religious appeals as cultural or civilizational discourse, thereby evading scrutiny under the . This was evident in subsequent cases like [Abhiram Singh v C.D Commachen] (2017), where the court had to further clarify the boundaries of religious appeals in elections. The ongoing debate underscores the difficulty courts face in policing political speech without infringing on democratic rights, while simultaneously preventing the communalization of elections. For UPSC, this is a prime example of how judicial pronouncements can have unintended consequences on political mobilization and electoral integrity, requiring candidates to critically analyze the role of the judiciary in interpreting Constitutional morality.
Social
The debate over defining Hinduism touches upon fundamental questions of identity and pluralism in Indian society. The 1995 judgment acknowledged that Hindu traditions are diverse and do not conform to a single organized religion with a unified doctrine. The description of Hinduism as an 'utterly diverse conglomerate of doctrines, cults, and way of life' reflects the sociological reality of India's syncretic culture. However, translating this sociological complexity into legal and political frameworks is problematic. When 'Hindutva'—often associated with a specific political ideology—is conflated with this broader cultural definition, it raises concerns about majoritarianism and the marginalization of minority groups. The original election speeches that triggered the case explicitly targeted Muslims, highlighting how cultural identity can be weaponized to promote communal disharmony. UPSC aspirants must understand how definitions of religion and culture shape social cohesion, particularly in the context of as a basic structure of the Constitution, and how political mobilization along religious lines impacts the democratic fabric.