Safeguarding the right to vote: SC's observations on electoral rolls and ECI's mandate
The article discusses the Supreme Court's observations on Bihar's Special Intensive Revision (SIR) of electoral rolls, emphasizing the need to safeguard the 'right to vote.' The Court urged the Election Commission of India (ECI) to include more accessible documents like Aadhaar and ration cards for identity verification, asserting that the ECI's mandate under Article 324 is to facilitate democratic participation, not create obstacles. While the 'right to vote' is legally a statutory right (under Section 62 of RPA, 1951), not a fundamental one, the Court considers it a 'democratic imperative.' The article highlights India's commitment to universal adult suffrage (Article 326) and the importance of accurate electoral rolls to prevent disenfranchisement and ensure electoral integrity.
Key Points
- The Supreme Court has underscored the importance of the 'right to vote' as fundamental to India's democracy, urging the ECI to ensure inclusivity in electoral roll revisions.
- The ECI's mandate under Article 324 is to facilitate democratic participation, not to create barriers to voting.
- While legally a statutory right, the right to vote is considered a 'democratic imperative' for the survival of the Indian republic.
- Accurate electoral rolls are crucial to prevent disenfranchisement, ensure 'one person, one vote,' and maintain electoral integrity.
Exam Facts
- Article 326 of the Constitution grants universal adult suffrage.
- Article 324 defines the ECI's powers of superintendence, direction, and control.
- Section 62 of the Representation of the People Act (RPA), 1951, defines the 'right to elect' as a statutory right.
- Kesavananda Bharati v. State of Kerala (1973) established democracy as part of the 'basic structure' doctrine.
- 61st Constitutional Amendment (1989) lowered voting age to 18.
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