Centre Distinguishes 'Right to Vote' as Statutory from 'Freedom of Voting' as Fundamental Right
The Central government argued in the Supreme Court that the 'right to vote' is a statutory right under Section 62 of the Representation of the People Act, 1951, while 'freedom of voting' is a fundamental right under Article 19(1)(a). This distinction arose during a petition challenging Section 53(2) of the RPA, which allows declaring candidates elected unopposed without a poll. Petitioners argue this prevents voters from exercising the NOTA option, thereby violating their right to express dissatisfaction. The Centre maintains that the right to vote is subject to statutory limitations and is not an absolute constitutional right.
Key Points
- The Centre argues the right to vote is a statutory right conferred by Section 62 of the Representation of the People Act, 1951.
- Freedom of voting is categorized as a species of the right to expression under Article 19(1)(a) of the Constitution.
- Section 53(2) of the RPA 1951 is being challenged for potentially violating the voters' right to exercise NOTA in uncontested elections.
- The case highlights the legal tension between statutory election procedures and fundamental rights of expression for the electorate.
Exam Facts
- Section 62 of the Representation of the People Act, 1951
- Article 19(1)(a) of the Indian Constitution
- Section 53(2) of the RPA 1951
- Rule 11 of the Conduct of Elections Rules, 1961
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