The Right to Vote in India: A Constitutional or Statutory Right?
UPSC Relevance
Prelims: Indian Polity and Governance (Types of Rights, Fundamental Rights, Article 326, Representation of the People Acts 1950 & 1951, key Supreme Court judgments).
Mains:
GS Paper 2: Indian Constitution—historical underpinnings, evolution, features, significant provisions and basic structure; Salient features of the Representation of People’s Act; Separation of powers between various organs.
Key Highlights from the News
Discussions are ongoing in the Supreme Court regarding the legal status of the "right to vote" in India, in connection with a case concerning the revision of electoral rolls in Bihar.
The debate is whether this right is a fundamental right, a constitutional right, or merely a statutory right.
According to Article 326 of the Constitution, all Indian citizens above 18 years of age are eligible to vote.
However, this right is regulated by the Representation of the People Acts of 1950 and 1951.
In many cases, the majority judgments of the Supreme Court have clarified that the right to vote is only a statutory right. The Kuldip Nayar case (2006) and the Anoop Baranwal case (2023) are prominent among these.
However, some judges have considered it a constitutional right, a part of the freedom of speech (Article 19(1)(a)), and an integral component of free and fair elections, which is part of the basic structure of the Constitution.
Therefore, the current legal status of the right to vote is that it is a statutory right.
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