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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.
