Current Affair Category: Governance/Polity/Law

vdAdmin September 28, 2026

Election Commission of India: Appointment, Independence & Removal/भारत निर्वाचन आयोग: नियुक्ति, स्वतंत्रता एवं पद से हटाना

vdAdmin September 28, 2026

Daily UPSC Current Affairs : 28 Sep 2026/Should Voting Be a Fundamental Right? Why in News? A recent Indian Express investigation highlighted concerns over electoral-roll management, including the exclusion of 97 eligible voters in Goa due to limitations in the ECINet system. The issue has renewed debate over the legal status of the right to vote and whether it should be elevated from a statutory right to a fundamental right. Constitutional Basis of Voting: Article 326: Provides for elections to the Lok Sabha and State Legislative Assemblies on the basis of adult suffrage. Every Indian citizen 18 years or above, subject to legal disqualifications, is eligible to be registered as a voter. Article 325: Provides for one general electoral roll and prohibits exclusion on grounds only of religion, race, caste or sex. India adopted universal adult suffrage from the beginning of the Republic, unlike many Western democracies where voting rights expanded gradually. Evolution of Universal Adult Suffrage: India chose immediate and universal political inclusion, irrespective of: Gender Caste Religion Education Property Sukumar Sen, India’s first Chief Election Commissioner, introduced election symbols to make elections accessible to a largely illiterate electorate. This reflected the constitutional vision of democratic equality. Legal Status of Right to Vote: The Constituent Assembly rejected the proposal to include voting as a Fundamental Right. Kuldip Nayar v. Union of India (2006): Supreme Court held that the right to elect is a statutory right under Section 62 of the RPA, 1951. It is neither a Fundamental Right nor a Constitutional Right. Rajbala v. State of Haryana (2015): A two-judge Bench referred to the right to vote as a constitutional right, but the larger Bench position in Kuldip Nayar prevails. Anoop Baranwal v. Union of India (2023): Majority did not reopen the issue. Justice Ajay Rastogi’s dissent linked the right to vote with Article 19(1)(a) and the essence of Article 21. Why Accurate Electoral Rolls Matter: Accurate electoral rolls are essential for free and fair elections. Errors may cause: Disenfranchisement of eligible voters Inclusion of ineligible voters Duplicate entries Impersonation Dilution of the principle of “one person, one vote” Section 21, RPA 1950: Provides for preparation and revision of electoral rolls. Section 19, RPA 1950: Eligibility requires a person to be 18 years or above, ordinarily resident in the constituency and not otherwise disqualified. Role of Election Commission: Article 324: Gives the ECI powers of superintendence, direction and control over elections. Under the 2023 Act governing the Election Commission: Commission business should, as far as possible, be conducted unanimously. Where Commissioners differ, the matter is decided by majority. Thus, institutional decision-making and transparency are crucial for electoral credibility. Goa Electoral-Roll Issue: 97 eligible voters were reportedly excluded from the electoral rolls. The concern was not merely a clerical mistake but the alleged inability of Electoral Registration Officers (EROs) to reverse certain deletions through the centralised software. This raises questions about: Digital governance and accountability Centralisation of electoral administration Human oversight over automated systems Protection against wrongful disenfranchisement Judicial Approach to Electoral-Roll Errors: Courts have generally distinguished between minor/isolated errors and substantial systemic irregularities that materially affect an election. Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985): Recognised the role political parties can play in ensuring inclusion of eligible voters and removal of ineligible names. Should the Right to Vote Become a Fundamental Right? Arguments in favour: Voting is central to democracy and political equality. Stronger constitutional protection would make arbitrary restrictions more difficult. Wrongful exclusion directly affects citizens’ participation in governance. Digitalisation of electoral processes requires stronger rights-based safeguards. It would strengthen judicial review and accountability. Arguments against: Elections necessarily require reasonable statutory regulation. Voter eligibility, registration and disqualification need detailed legislation. Making voting a Fundamental Right could increase judicial intervention in electoral administration. The Constitution deliberately placed adult suffrage under Article 326, rather than Part III. Way Forward: Ensure human oversight over centralised electoral software. Provide EROs with effective mechanisms to correct wrongful deletions. Strengthen audit trails, transparency and grievance-redressal mechanisms. Conduct periodic independent audits of electoral databases. Ensure that technology facilitates, rather than restricts, the citizen’s right to be counted. Consider a larger constitutional examination of the legal status of voting in light of democracy, free and fair elections and the basic structure doctrine. UPSC Mains Question: “The right to vote in India is presently a statutory right, yet it constitutes the foundation of democratic participation.” Discuss whether it should be elevated to the status of a Fundamental Right.

vdAdmin September 24, 2026

Election Commission of India/भारत निर्वाचन आयोग: आंतरिक मतभेद एवं निर्वाचक नामावली प्रबंधन

vdAdmin September 23, 2026

Supreme Court on Vande Mataram and Freedom of Conscience

vdAdmin September 22, 2026

Article 371K: Proposed Special Constitutional Safeguards for Ladakh/अनुच्छेद 371K: लद्दाख के लिए प्रस्तावित विशेष संवैधानिक संरक्षण:

vdAdmin September 15, 2026

Daily UPSC Current : 15 Sep 2026/Hindi Diwas ;Constituent Assembly/हिंदी दिवस: संविधान सभा

vdAdmin September 14, 2026

 National Commission for Protection of Child Rights (NCPCR) 

vdAdmin September 11, 2026

Registered Unrecognised Political Parties (RUPPs)/RUPPs और मान्यता प्राप्त राजनीतिक दल:

vdAdmin September 10, 2026

Marital Rape Exception

vdAdmin September 10, 2026

Inter-State River Water Disputes Act, 1956/भारत के प्रमुख अंतर्राज्यीय नदी जल विवाद