Why in News?

The Supreme Court has stated that Right to Vote has not been given the status of a Fundamental Right while democracy is a basic feature of the Indian Constitution in the matter of Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao & Ors.

Background

• The bench was dealing with an election petition case when it emphasized the importance of the right to vote and a constitutional provision enabling every eligible citizen of India to exercise common suffrage.
• The right to vote, based on an informed choice, is a crucial component of the essence of democracy.
• Article 326 of the Indian Constitution lays down that every person shall be entitled to be registered as a voter at any election under following circumstances:
• Who is a citizen of India,
• Is not less than 18 years of age,
• Is not otherwise disqualified under this Constitution or any other law made by an appropriate legislature on the ground of non-residency, unsoundness of mind, offence or corrupt or illegal conduct.

Case Laws on Right to Vote

• In Jyoti Basu & Others v. Debi Ghosal & Others (1982), the top court said that the right to vote, if not a fundamental right, is certainly a constitutional right because this right originates from the Constitution and is in accordance with the constitutional mandate contained in Article 326.
• In another case of Kuldip Nayar V. Union of India & Ors (2006) a five-judge bench of the Supreme Court had held that the right to vote is not a fundamental right but just a statutory right.
• In Anoop Baranwal v. Union of India in March 2023 another five-judge bench sought to open a new vista for declaration of the right to vote as a fundamental right as it ruled on revamping the selection mechanism for the Chief Election Commissioner (CEC) and election commissioners.

Court’s Observations

• The court noted that the right to vote is precious and was the result of a long and arduous fight for freedom, for Swaraj, where the citizen has an inalienable right to exercise her or his right to franchise.

Right to Vote

• The right to vote is a fundamental right in any democratic society.
• The right to vote is protected by the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966).
• The right to vote in the Constitution of India is guaranteed under Article 326.
• The Right to Vote for Non-Resident Indians was introduced in 2011, through an amendment to the Representation of the People Act 1950.

Election Commission of India celebrates National Voters’ Day on 25th January.

Legal Provisions

Constitution of India, 1950

Article 326 - Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage — The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than eighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Representation of the People Act (RPA), 1950

Key Provisions of the act are:

• It lays down procedures for delimitation of constituencies.
• It provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.
• It lays procedure for the preparation of electoral rolls and the manner of filling seats.
• It lays down the qualification of voters.