Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?
Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?
Although Article 326 guarantees adult suffrage, the right to vote remains a statutory right, granting the Election Commission of India plenary powers under Article 324 to verify the citizenship and eligibility of all prospective electors.
Legal Framework Governing Electoral Rights in India
Nature of the Right to Vote
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The Supreme Court, in its April 2026 ruling, classified the right to vote as a statutory right.
- Eg: Article 326 provides suffrage, but eligibility is regulated by the Representation of the People Act, 1951.
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Voting holds "sentimental value" and remains essential for free and fair elections.
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As a legal right, the state may impose reasonable restrictions regarding residency or mental soundness.
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The Judiciary ensures statutory restrictions do not arbitrarily strip citizens of their franchise.
- Eg: The Supreme Court invoked Article 142 in April 2026 to scrutinize 34 lakh pending voter appeals.
Position of ECI in Electoral Roll Revision
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The ECI holds plenary powers under Article 324 to superintend and control electoral roll preparation.
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In May 2026, the Supreme Court upheld the ECI’s power to conduct a Special Intensive Revision (SIR).
- Eg: The 2026 SIR involves house-to-house enumeration by Booth Level Officers to eliminate duplicates.
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The ECI must follow natural justice by providing intimation and reasons for any deletion.
Examination of Citizenship
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The ECI examines citizenship status solely to determine eligibility for inclusion in electoral rolls.
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A June 2026 Supreme Court ruling clarified that the ECI must refer citizenship doubts to the Union Government.
- Eg: Authorities under the Citizenship Act, 1955, remain the final arbiters of individual national status.
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Deletion from the electoral roll due to citizenship doubts does not constitute legal non-citizenship.
Adopting the Law Commission 255th Report recommendations while adhering to Article 326 will ensure that the Principle of Natural Justice remains central to maintaining the integrity of India’s democratic franchise.
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