Right to Vote in India/differences between various types of rights:

Why in News?   The Right to Vote in India, including relevant case laws and the differences between various types of rights:

Relevance : UPSC/UPSC Mains

Mains : GS 2

Right to Vote in India:

1. Current Issue

• The Supreme Court is hearing cases against the Special Intensive Revision (SIR) of electoral rolls in Bihar.
• One of the core questions: What is the legal status of the Right to Vote?

3. Right to Vote in the Constitution:

• Article 326: Provides for universal adult franchise.
• Eligibility: Citizens aged 18 years or more, not otherwise disqualified.
• Disqualifications: As per the Representation of the People Act, 1950 & 1951.

Relevant Provisions:

• Representation of the People Act, 1950:
  • Section 16: Non-citizens cannot be voters.
  • Section 19: Voter must be 18+ and ordinarily resident.
• Representation of the People Act, 1951:
  • Section 62: Right to vote for those enrolled in the electoral roll.
  • Disqualification if in prison or under legal disqualification.

Current Legal Position:

• Right to Vote is a Statutory Right, as per the majority in Anoop Baranwal (2023).

However, debates continue about elevating it to a constitutional right, due to its link with Article 326 and democratic principles

Why the Debate Matters?

• Free and fair elections are part of the Basic Structure of the Constitution.
• Some judges and scholars argue that right to vote should be treated as a higher-order right to protect democratic integrity.
• This issue becomes crucial in cases like Bihar’s Special Intensive Revision (SIR) of electoral rolls.