Right to Vote in India

News : The Supreme Court highlighted the constitutional and sentimental value of voting while hearing appeals of lakhs of excluded voters in West Bengal.

About Right to Vote in India

• The right to vote in India is a statutory right created and regulated by law, not a fundamental right.
• Constitutional and Legal Provisions on Voting:
  • Article 326: It provides the basis of elections through universal adult suffrage for citizens aged 18 or above, subject to legal disqualifications.
  • Representation of the People Act, 1950: It disqualifies non-citizens and requires voters to be ordinary residents and at least 18 years old.
  • Representation of the People Act, 1951: It allows enrolled individuals to vote unless disqualified or imprisoned.
  • Thus, the right to vote is subject to legal conditions and is not absolute.
• Major Supreme Court views:
  • N.P. Ponnuswami (1952): The Court held that the right to vote is purely statutory.
  • Jyoti Basu (1982): It reaffirmed that voting is neither a fundamental nor common law right.
  • PUCL v. Union of India (2003): It clarified that voting is statutory, but the right to know candidates’ details is fundamental under Article 19(1)(a).
  • Kuldip Nayar (2006): It again confirmed that the right to vote remains statutory in nature.
• Significant: The Supreme Court emphasised that voting carries both constitutional importance and strong sentimental value for citizens.