Context:
The Supreme Court recently clarified that the right to vote and the right to contest elections are distinct, while hearing petitions related to voter deletion under the Special Intensive Revision (SIR) process. The Court held that exclusion from electoral rolls affects eligibility but does not automatically disqualify a candidate.
- Right to vote is a statutory right provided under the Representation of the People Act, 1950 and 1951, not a fundamental right.
- Right to contest elections is also a statutory right subject to eligibility conditions and disqualifications prescribed by law.
- Supreme Court in Jyoti Basu v. Debi Ghosal (1982) held that right to contest elections is not a fundamental right but a statutory right.
- In K. Krishna Murthy v. Union of India (2010), the Court reiterated that electoral rights are statutory in nature.
Key Legal Interpretation by the Court
- The Court introduced the concept of “eligibility threshold”:
- Being enrolled as a voter is a basic qualifying condition to contest elections
- If a person’s name is deleted from electoral rolls:
- It does not amount to disqualification
- But it makes the person ineligible to contest temporarily
- Thus:
- Eligibility (threshold condition) is different from
- Disqualification (legal prohibition)
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040