Right to Vote in India – Legal Status Explained
Right to Vote in India
Constitutional Provision
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Article 326 of the Indian Constitution provides for universal adult franchise:
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Every citizen of India, 18 years or above, not disqualified under the Constitution or any law, is entitled to be registered as a voter.
Current AffairsThis article is the constitutional source of the right to vote.
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Types of Rights
| Type of Right | Description |
|---|---|
| Natural Rights | Inherent and inalienable (e.g., right to life); not directly enforceable unless part of fundamental rights. |
| Fundamental Rights | Enshrined in Part III of the Constitution; enforceable under Article 32 (e.g., right to equality). |
| Constitutional Rights | Provided under the Constitution outside Part III (e.g., Article 300A – Right to property). Enforceable under Article 226. |
| Statutory (Legal) Rights | Created by legislation (e.g., MGNREGA, NFSA); enforceable via statutory processes. Right to vote is classified here (2023 anup banarwal case). |
Legal Framework
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Article 326: Grants voting rights to every citizen aged 18+ unless disqualified by law.
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RP Act, 1950: Defines voter eligibility (Sections 16 and 19).
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RP Act, 1951 (Section 62): Grants the right to vote to those listed in electoral rolls, excluding disqualified or imprisoned individuals.
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Governed by:
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Representation of the People Act, 1950
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Section 16: Disqualifies non-citizens from voter roll.
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Section 19: Voter must be 18 years old and ordinarily resident.
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Representation of the People Act, 1951
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Section 62: Right to vote for every person whose name is in the electoral roll.
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Cannot vote if disqualified or in prison.
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Judicial Interpretations & Landmark Cases
| Case | Verdict |
|---|---|
| N.P. Ponnuswami (1952) | SC held right to vote is a statutory right, not a fundamental or natural right. |
| Jyoti Basu case (1982) | Reiterated that voting is not a fundamental or common law right, but a statutory right. |
| PUCL case (2003) | Justice P.V. Reddy: Though not fundamental, right to vote is a constitutional right. |
| Kuldip Nayar case (2006) | Constitution Bench reaffirmed that the right to vote is only a statutory right. |
| Raj Bala case (2015) | Division Bench relied on PUCL, held that voting is a constitutional right. |
| Anoop Baranwal case (2023) | Majority view: Right to vote is only a statutory right, reiterated the judgment in the Kuldip Nayar case. |
Dissenting Opinion – Justice Ajay Rastogi (Anoop Baranwal Case, 2023)
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Held that:
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Voting expresses citizen choice, integral to freedom of expression under Article 19(1)(a).
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Free and fair elections are part of the basic structure.
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Even if not fundamental, voting is derived from Article 326 and shaped by law.
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Recommended the Supreme Court consider elevating the right to vote to a constitutional right.
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Current Legal Status
As per prevailing jurisprudence (majority in Anoop Baranwal, 2023), the right to vote in India is a statutory right, not a fundamental or constitutional right — though it has constitutional origin in Article 326.
UPSC Mains Value Addition
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Mention Article 326, Sections 16 & 19 of RP Act, 1950, Section 62 of RP Act, 1951.
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Use landmark cases (especially N.P. Ponnuswami, Kuldip Nayar, PUCL, Anoop Baranwal).
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Quote Justice Ajay Rastogi’s dissent for nuanced answers on electoral democracy, basic structure doctrine, or Article 19.
| Raj Bala case (2015) | Division Bench relied on PUCL, held that voting is a constitutional right. |
