Context :- The Supreme Court is examining a petition challenging the practice of ‘uncontested elections’, which denies voters the use of the ‘None of the Above’ (NOTA) option.
Right to Vote:- The right to vote, mandated by Article 326 (Universal Adult Suffrage), was extended to citizens aged 18 (down from 21) by the 61st Constitutional Amendment Act, 1988.
Freedom of Voting’: Defined as a component of the fundamental right to freedom of speech and expression (Article 19(1)(a)).
Legal Framework for Voting Rights in India:
Constitutional Provision:
Article 326 establishes universal adult suffrage, granting the right to vote to every citizen aged 18 or older, unless legally disqualified.
Statutory Framework:
This constitutional mandate is implemented through legislation:
- Representation of the People Act, 1950: Governs enrolment in electoral rolls, specifying qualifications such as citizenship, age (18+), and ordinary residence.
- Representation of the People Act, 1951: Details the conduct of elections and disqualifications from voting, such as imprisonment (Section 62).
Judicial Interpretation:
The precise legal status of the right to vote remains a subject of judicial debate. The Supreme Court’s interpretation has oscillated over time:
- Statutory Right: Landmark cases like N.P. Ponnuswami (1952) and, more recently, Anoop Baranwal (2023) have held that the right to vote is a purely statutory right, created and regulated by law.
- Constitutional Right: Conversely, judgments such as PUCL (2003) and Raj Bala (2015) have interpreted it as a constitutional right, distinct from a fundamental right.
