Editorial argues voting should be a fundamental right, not just statutory, in India
This editorial argues that while the Supreme Court has consistently held voting as a statutory right, its evolving jurisprudence, which has constitutionalized various facets of the electoral process, makes this position incongruous. The Court has recognized the right to know about candidates, freedom of voting, secrecy of ballot, and the right to reject candidates as fundamental rights under Article 19(1)(a). Given that democracy is part of the Constitution's basic structure and free and fair elections are indispensable, the editorial contends that the core right to vote itself should be recognized as a fundamental right, flowing directly from Article 326.
Key Points
- The Supreme Court has historically treated the right to vote as a statutory right, not a fundamental one.
- However, the Court has constitutionalized various aspects of voting, such as the right to know about candidates, freedom of choice, and secrecy of the ballot, under Article 19(1)(a).
- The editorial highlights the paradox where the right to reject candidates is constitutionally protected, but the right to choose one remains statutory.
- Democracy and free and fair elections are considered part of the Constitution's basic structure, making the statutory status of voting incongruous.
- The core right of every eligible citizen to participate in the democratic process should be recognized as a fundamental right, stemming from Article 326.
Exam Facts
- N.P. Ponnuswami vs Returning Officer (1952) held voting as a statutory right.
- Jyoti Basu & Others vs Debi Ghosal & Others (1982) reaffirmed voting as a statutory right.
- Kuldip Nayar vs Union of India (2006) reiterated voting as a statutory right.
- Union of India vs Association for Democratic Reforms (2002) linked voter's right to know to Article 19(1)(a).
- Article 326 mandates elections based on universal adult suffrage.
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