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Copyright infringement not intended

Picture Courtesy: THE HINDU

Context:

The Supreme Court is hearing cases related to the Special Intensive Revision of Bihar electoral rolls, raising questions about the legal status of the 'right to vote.

RIGHT TO VOTE IN INDIA

What does the Indian Constitution say about who can vote?

The Article 326 states that elections to the Lok Sabha and State Legislative Assemblies must occur "on the basis of adult suffrage."

Every Indian citizen who is at least 18 years old has the right to register as a voter, unless a law disqualifies them.
Disqualifications can arise from situation like not living in the area, having an unsound mind, committing a crime, or engaging in corrupt election practices.

Prelims Booster => Article 326 sets the foundational principle of "one person, one vote" for all adults.

How did India's voting age change over time?

Originally, the minimum voting age in India was 21 years. However, the 61st Constitutional Amendment Act in 1988 amended the Representation of the People Act, 1950, to reduce the voting age from 21 years to 18 years

What are the main laws that manage elections in India?

Representation of the People Act, 1950 (RPA 1950) => Covers things like dividing the country into electoral areas (constituencies), allocating seats in Parliament and State Legislatures, defining who can vote, and preparing voter lists.

Representation of the People Act, 1951 (RPA 1951) => Outlines how elections take place, the qualifications and disqualifications for candidates who want to run, rules against corrupt practices, and how to resolve disputes that arise from elections.

Prelims Booster => Voting Rights of prisoners?

Section 62(5) of the RPA 1951 states that no person can vote in an election if they are confined in prison or are in lawful police custody.
Even undertrial prisoners (people accused of a crime but not yet convicted) cannot vote.
The only exception is for individuals held under "preventive detention" (where someone is detained to prevent them from committing a crime, not as punishment).

Judiciary on the Right to Vote

N.P. Ponnuswami vs Returning Officer (1952) => Supreme Court stated that the right to vote, and to challenge an election, is not a fundamental right but a statutory one.

The Court emphasized that election disputes should be handled only through specific election petitions after the election process concludes, not by courts interfering at earlier stages.

Jyoti Basu vs Debi Ghosal (1982) => Supreme Court stated that "a right to elect, is neither a fundamental right nor a Common Law Right. It is pure and simple, a statutory right."

People's Union for Civil Liberties (PUCL) vs Union of India (2003) => Linked Voter's right to information about candidates (criminal records, assets, education) to the fundamental right to freedom of speech and expression (Article 19(1)(a)).

Justice P.V. Reddi, in his dissenting opinion, stated that if not a fundamental right, the right to vote is "certainly a constitutional right" because it originates from Article 326.

Raj Bala v/s State of Haryana (2015) => Supreme Court termed both the right to vote and the right to contest elections as "constitutional rights.”

This judgment upheld the state's power to introduce reasonable restrictions for contesting local body elections to improve governance.

Anoop Baranwal v/s Union of India (2023) => Majority judgment considered the right to vote a statutory right.

However, Justice Ajay Rastogi, in his dissenting opinion, linked the right to vote to the fundamental right of freedom of speech and expression (Article 19(1)(a)) and argued it formed part of the "Basic Structure" of the Constitution.

What are the different categories of rights in India?

Type of Right	Description	Example	Enforceability
Natural Rights	Inherent to human beings; not necessarily codified but may be interpreted into fundamental rights.	Right to life and liberty	Not directly enforceable by courts without codification.
Fundamental Rights	Guaranteed under Part III of the Constitution (Articles 12-35); considered inviolable and essential for human development.	Right to Equality (Art. 14), Freedom of Speech (Art. 19)	Directly enforceable via Article 32 (SC) & Article 226 (HC). State cannot violate.
Constitutional Rights	Provided by the Constitution but fall outside Part III; though less protected than Fundamental Rights, they are still higher than statutory rights.	Right to Property (Art. 300A), Right to Vote (Art. 326)	Enforceable via Article 226 or specific statutory mechanisms.
Statutory Rights	Conferred and regulated by ordinary laws made by Parliament or State Legislatures; can be created, modified, or repealed by legislative action.	Right to Information (RTI Act), Right to Education Act, MGNREGA, Right to Vote (dominant view)	As per Law

Way Forward

The right to vote is based on Article 326 of the Constitution, but it is implemented through specific laws (RP Acts). Courts largely view it as a statutory right, though recent rulings suggest a constitutional status and even a link to fundamental rights, making it an evolving idea.

Clearer judicial decisions on the legal nature of the right to vote, whether fundamental or statutory, could strengthen democratic rights and resolve existing ambiguities.

Must Read Articles:

Threat to India's Voting Rights

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Legalities of voting and contesting in elections.

Voter IDs Linked with Aadhaar

Source: THE HINDU

PRACTICE QUESTION

Q. The concept of "universal adult franchise" in India is enshrined in which of the following Articles of the Constitution?

A) Article 324

B) Article 325

C) Article 326

D) Article 327

Answer: C

Explanation: Article 326 of the Indian Constitution provides for elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.