Paper: GS – II, Subject: Polity, Topic: Rights Issues, Issue: Right to Vote.
Context:
The Supreme Court is reviewing petitions challenging the Special Intensive Revision of electoral rolls in Bihar. A key issue in the case is the legal and constitutional status of the “right to vote” and its protection under Indian law.
Key Takeaways:
Universal Adult Suffrage:
- India chose immediate universal adult suffrage from the beginning, ensuring voting rights for all citizens, unlike many countries that granted it slowly.
- Constitutional Guarantee: Article 326 granted voting rights to all adults, regardless of gender, caste, religion, education, or property.Â
- The voting age was later reduced from 21 to 18 through the 61st Amendment in 1989.
Legal Framework Two laws support this right:
- The Representation of the People Act, 1950 for preparing electoral rolls.
- The Representation of the People Act, 1951 for regulating elections and addressing offences.
Administrative Innovations:
- To include 173 million largely illiterate voters, election symbols were introduced by Chief Election Commissioner Sukumar Sen, making voting easier for all.
- The Election Commission ensures that every citizen, no matter how remote, can exercise their right to vote a core pillar of India’s democracy.
Judicial Pronouncements on the Right to Vote:
The legal status of the right to vote has been debated in various cases:
- N.P. Ponnuswami Case (1952): A Constitution Bench of the Supreme Court held that the right to vote is a statutory right and subject to limitations imposed by it.
- Jyoti Basu Case (1982): The court reiterated that the right to vote is neither a fundamental right nor a common law right but a simple statutory right.
- PUCL Case (2003): Justice P.V. Reddy observed that the right to vote, if not a fundamental right, is certainly a ‘constitutional right.’
Constitutional Right vs. Statutory Right:
In India, the ‘right to vote’ is not a fundamental or constitutional right but a statutory right under Section 62 of the Representation of the People Act, 1951.
The difference between a constitutional right and a statutory right lies in their source and the manner of their enforcement:
- Constitutional Right: A right that is explicitly mentioned in the constitution of a country. It can be a fundamental right (part of the constitution that cannot be easily amended) or other constitutional rights.
- Statutory Right: A right that is granted by a statute (a law passed by a legislature). It can be amended or repealed by the legislature that created it.
Section 62 of the Representation of the People Act, 1951:
Conclusion:
- While the Supreme Court has consistently held the right to vote as a statutory right, the debate continues, with some judges suggesting it could be considered a constitutional right.
- The right is enshrined in Article 326 of the Constitution and operationalized through the RP Acts, ensuring universal adult franchise subject to certain qualifications and disqualifications.
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