Legal Status of Voting Right in India

Why in the News?

The Supreme Court is reviewing petitions on electoral roll revisions in Bihar. During the hearings, a key issue raised is whether the right to vote in India is a statutory right, a constitutional right, or a fundamental right.

About Types of Rights in the Indian Legal Framework:

● Natural Rights: Inherent rights like life and liberty, not directly enforceable unless protected under Fundamental Rights.

● Fundamental Rights: Guaranteed under Part III of the Constitution; enforceable via Article 32.

● Constitutional Rights: Provided in the Constitution but outside Part III, e.g., right to property, trade, taxation. Enforceable via Article 226.

● Statutory Rights: Created through ordinary laws, e.g., MGNREGA, Forest Rights Act, NFSA; enforceable as per respective Acts.

Right to Vote: Current Legal Interpretation:

● Article 326: Ensures universal adult suffrage, subject to age (18+), residency, and absence of disqualifications.

● Section 62, RP Act, 1951: Grants the right to vote to those on the electoral roll, excluding prisoners and disqualified persons.

● SC Verdicts:

○ N.P. Ponnuswami (1952) & Kuldip Nayar (2006): Vote is a statutory right.

○ PUCL (2003) & Raj Bala (2015): Vote is a constitutional right.

○ Anoop Baranwal (2023): Majority reaffirmed it as statutory; dissent called it linked to Article 19(1)(a).