In India, voting cannot remain merely a statutory right
The article discusses the ongoing constitutional debate regarding the status of the right to vote in India. Traditionally held as a statutory right based on Supreme Court judgments like N.P. Ponnuswami (1952) and Jyoti Basu (1982), the Court's recent jurisprudence has constitutionalized various facets of voting. Decisions in cases like Association for Democratic Reforms (2002), People’s Union of Civil Liberties (2003), and the NOTA judgment (2013) have linked the right to know about candidates, freedom of informed choice, and the right to reject all candidates to the fundamental right to freedom of speech and expression (Article 19(1)(a)). The article highlights the anomaly where the act of voting remains statutory while its essential components are fundamental, especially given that democracy and free and fair elections are part of the Constitution's basic structure (Kesavananda Bharati, Indira Nehru Gandhi cases) and Article 326 guarantees universal adult suffrage. It argues for revisiting the doctrine to recognize the core right to vote as a fundamental right.
The article discusses the ongoing constitutional debate regarding the status of the right to vote in India. Traditionally held as a statutory right based on Supreme Court judgments like N.P. Ponnuswami (1952) and Jyoti Basu (1982), the Court's recent jurisprudence has constitutionalized various facets of voting. Decisions in cases like Association for Democratic Reforms (2002), People’s Union of Civil Liberties (2003), and the NOTA judgment (2013) have linked the right to know about candidates, freedom of informed choice, and the right to reject all candidates to the fundamental right to freedom of speech and expression (Article 19(1)(a)). The article highlights the anomaly where the act of voting remains statutory while its essential components are fundamental, especially given that democracy and free and fair elections are part of the Constitution's basic structure (Kesavananda Bharati, Indira Nehru Gandhi cases) and Article 326 guarantees universal adult suffrage. It argues for revisiting the doctrine to recognize the core right to vote as a fundamental right.
Exam linkage
GS Paper II - Indian Polity and Governance: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. Separation of powers between various organs dispute redressal mechanisms and institutions. Comparison of the Indian constitutional scheme with that of other countries. Parliament and State Legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these. Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity. Salient features of the Representation of People’s Act. Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.