Preface
The recent judgment of the Hon ‘ble Supreme Court upholding contention urged by the appellants before it, belonging to Shiv Sena and B.J.P. to the effect that an appeal to the voters to vote for Hindutwa/Hinduism by itself does not amount to an appeal to vote on the ground of religion which is a corrupt practice within the meaning of Section 123 of the Representation of People Act, 1951, constitutes the most important land mark in the history of our Democracy.
All those who consider that Hinduism or Hindutwa, representing the sublime values of human life, alone is the remedy for the innumerable and evils which the Nation is facing in the political, economical and social fields, are extremely happy for the reason that the highest Court has rejected the argument that appeal to vote for Hindutwa was an appeal on the ground of religion and has upheld the argument that it was an ideological appeal.
On the other hand, the opponents of Hinduism are highly critical of the judgment on the ground that it encourages religious fundamentalism and are demanding that the judgment be reviewed.
This book is intended to place the facts in a correct perspective and to show that the judgment is unexceptionable and will help re-establishing our National Identity and to find solutions to all our problems in the light of the noble and everlasting values of evolved in this land from times immemorial.
On behalf of the appeallants the argument addressed before the Hon ‘ble Supreme Court by Shri Ram Jethmalani, Senior Advocate and supplemented by Shri M. Rama Jois, Senior Advocate was to the effect that ‘Dharma’ which is now called Hinduism or Hindutwa, was no religion but a way of life which comprises of a code of conduct to be observed by every individual in every sphere of personal and National activity;
1) It includes of respect and equal treatment to all religions; Supreme court judgment on “HINDUTVA”
2) Its dis-regard was the root cause for the present degradation in moral values and has resulted in manifold problems and
3)Therefore appeal to vote for Hindutwa can by no stretch of imagination be regarded as an appeal to vote on the ground of religion.
The first part of the book reproduces the written submissions filed in this regard by Shri M. Rama Jois, Senior Advocate, together with the relevant extracts from the Annexures and/or Authorities produced before the Court. The second part of the book contains the relevant portion of the Judgment of the Hon ‘ble Supreme Court. The third part of the book’ contains a write up by Shri M. Rama Jois in reply to the criticisms of the Judgment of the Hon ‘le Supreme Court made in a few articles published in various newspapers.
We are thankful to Shri M. Rama Jois, Senior Advocate in Supreme Court, for providing us this timely and relevant compilation for publication.
Contents
Index
5
1
Written Submission Regarding Hindutva.
7
2
Extracts from the judgment of Hon'ble
Supreme Court of India in
Ismail Faruqui vs. Union Of India.
19
3
Dharmo Rakshati Rakshitah-Address by
Dr. Shankar Dayal Sharma,President of
India, at the First Convocation of
the National Law School of India University.
21
4
Pages from the book
The Hindu Phenomenon, by Girilal Jain.
28
Pagews from the book The Essential
Teachincs Of Hinduism by Kerry Brown.
30
6
Pages from the book Fundamental Unity
Of India by Dr. Radha Kumud Mukherjee.
32
Supplement to Chawla's Elections:
Law And Practice, 4th Edition 1991
By Justice V.S. Despande.
33
8
Extract from the book Teachings Of
Swami Vivekananda.
39
9
Extract from Encyclopaedla Britannica.
40
10
A page from Sitayana, by K.R. Srinivasa Iyengar.
41
11
Pages from the Report of The Commission
of Inquiry On Communal Disturbances
Headed by Justic Raghubar Dayal.
42
12
Pages from the book World Thinkers
on Ramakrishna-Vivekananda
by Arnold Toynbee.
46
13
Pages from My Picture Of Free India,
by M.K. Gandhi.
14
Swami Vivekananda on "India And
Her Problems".
47
Supreme Court Judgment on "Hindutva"
15
Pages from Hindu View Of Life.
by Radhakrishnan.
48
16
Pages from India : What Can It Teach Us.
by Max Muller.
17
Relevant pages from the Judgment of
the Supreme Court on Hindutva.
49
18
A write up by Shri. M. Rama Jois in reply to
the criticism made against the Judgment.
61-64
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