The need to safeguard the right to vote, Pg10

Key Highlights:

• The SC directed EC to accept Aadhaar, voter ID, and ration cards during Bihar’s Special Intensive Revision (SIR) of electoral rolls.
• Petitions challenging EC's earlier actions are scheduled for further hearing on July 28.
• The SC emphasized that the question of voting rights goes to the root of India’s republican structure.
• The right to vote is a statutory right, not a fundamental right, as reaffirmed by Kuldip Nayar v. Union of India (2006).
• Courts have ruled that only material and systemic electoral roll errors can invalidate an election outcome.
• Past judgments (e.g., Lal Babu Hussein) emphasize due process before deleting names from rolls on citizenship grounds.

Detailed Insights:

• India adopted Universal Adult Suffrage (UAS) from the outset under Article 326, in contrast to the gradual franchise expansion in Western democracies.
• Initially set at 21 years, the voting age was reduced to 18 through the 61st Constitutional Amendment (1989).
• Though not a fundamental right, courts have termed the right to vote a “democratic imperative” essential to representative government.
• The Representation of the People Act (RPA), 1950 and 1951 govern electoral rolls and conduct of elections, respectively.
• Booth-Level Officers and EROs play a key role in maintaining accurate voter lists; however, their discretion must follow due process.
• The EC’s responsibility under Article 324 includes ensuring free, fair, and inclusive elections while maintaining electoral integrity.
• The requirement of “ordinary residence” helps prevent fraudulent registrations and preserves voter-constituency accountability.
• In Lal Babu Hussein v. ERO (1995) and Md. Rahim Ali (2024), the SC emphasized that citizenship-based exclusions must follow quasi-judicial procedures and cannot rely on vague suspicions.

Key Concepts Involved:

• Universal Adult Suffrage (UAS): Principle under Article 326 granting voting rights to all adults irrespective of caste, religion, gender, or literacy.
• Statutory Right to Vote: Established under Section 62 of the RPA, 1951; not part of Part III Fundamental Rights.
• Ordinary Resident: As per Section 19, RPA 1950 – implies habitual, regular, and genuine presence in a constituency, not temporary stay.

Mains Mock Question:

Q. The right to vote, while not a fundamental right, is central to India’s democratic architecture. Examine the legal status of voting rights in India and suggest measures to ensure error-free and inclusive electoral rolls.