Section 123(3) of the Representation of the People Act, defines a corrupt electoral practice as follows:
“The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community and language....”
Which was upheld by the Supreme Court of India in 2017.
There are lot of political parties in India, which do canvas based on their caste/language/religion. In fact, the names of a lot of the Indian political parties are themselves caste and community names.
Are there any amendments made to this act to protect these parties?
If following religion/caste/community/language based electoral canvasing is a crime, why has there been no action taken against them?