Why in News?
The Centre told the Supreme Court that the ‘right to vote’ is only a statutory right, while ‘freedom of voting’ (including NOTA expression) is a part of Article 19(1)(a). A petition challenges uncontested election provision under Section 53(2) RP Act, 1951.
Description:
Legal Status:
- Right to Vote in India → Statutory Right
- Derived mainly from Representation of the People Acts (1950 & 1951)
Constitutional Basis:
- Article 326 → Universal Adult Franchise (18+ years)
Why NOT Fundamental Right?
- Supreme Court has repeatedly held voting is not a Part III FR
- It is granted through statute → thus Parliament can regulate
Key Judicial Cases:
| Case | Position |
| N.P. Ponnuswami (1952) | Right to vote is purely statutory |
| Jyoti Basu (1982) | Not a fundamental nor common law right |
| PUCL (2003) | Voting can be expression → constitutional angle hinted |
| Kuldip Nayar (2006) | Statutory reaffirmed |
| Raj Bala (2015) | Constitutional nature noted |
| Anoop Baranwal (2023) | Majority → Statutory continues |
(Important for UPSC – oscillation exists but CURRENT LAW position = statutory right)
Statutory Provisions:
| Act | Related Sections |
| RP Act 1950 | Sec 16 → Disqualification for roll, Sec 19 → Age & residence |
| RP Act 1951 | Sec 62 → Right to vote for those enrolled (unless disqualified) |
Additional Concept:
- Freedom of Voting (expression while choosing candidate) → Linked to Article 19(1)(a) (as judicially interpreted) – BUT only arises when poll exists.
Key Prelims Line:
- Right to Vote ≠Freedom of Voting
- Right to Vote = Statutory
- Freedom of Voting (choice expression) = Linked to Freedom of Speech (Article 19)
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