The right to vote is an expression of citizen choice and a fundamental right under section 19(1)(a)
Published Date – Sat 08 Apr 23 at 12:30pm
representative image.
By: Dr. Madabhushi Sridhar Acharyulu
Hyderabad: Do citizens have the right to vote? Isn’t that part of the right to expression?This issue is related to the appointment process of the Election Commission, which is discussed by the Supreme Court when it considers the judgment of the case Anoop Baranwal v Indian Union, March 2. Article 324, Paragraph 5 of the Constitution aims to ensure the independence of the Election Commission from any external political interference, and also clearly stipulates that the removal of the Chief Election Commission should be done in the same manner as a Supreme Court judge. While arguing this point, the four justices moved to “demystify” Section 326. Most of the constitutional justices don’t think the right to vote is a fundamental right, and they don’t really focus on it as a primary issue.
Judges KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar made no statement on “constitutional rights” when citing the 2006 judgment Kuldip Nayar vs Indian Union. However, the four-judge majority did not make a final judicial statement in this regard. Kurdip Nayar…
“Importantly, the Court in Anukul (SC Judgment) stated that the holding of free and fair elections is an essential feature of the Constitution and apparently agreed with the view that the right to vote is fundamental to democracy. Even though it is considered a statutory right… the right is Above all, it forms the basis for free and fair elections, which in turn constitute the right of the people to elect their representatives. For the purposes of the relevant list, we shall be content to proceed on the foregoing basis,” said the representative majority Judge Joseph said.
more than a constitutional right
Justice Rastorgi agreed with the other justices that the right to vote was not only a constitutional right but part of Part III of the Constitution. He went on to say that the right to vote is not limited to Article 326 of the Constitution but runs through Articles 15, 17, 19 and 21 of the Constitution.
“Historically, women have not had the right to vote, they have been oppressed in society. Our Constitution has taken the visionary step of extending suffrage to everyone. In this way, the right to vote embodies the principles enshrined in Articles 15 and 17.” Guaranteed protection of… the right to participate in public affairs as voters is at the heart of a democratic form of government and is an essential feature of the Constitution. The right to vote is an expression of citizens’ choice and is regulated by Article 19(1)(a) A fundamental right. The right to vote is part of citizens’ lives because it is an integral tool for them to shape their own destiny by choosing the government they want. In this sense, it reflects Article 21.”
Drawing on the strength of the Constitutional Convention debate, Judge Rastorgi said the right to vote was originally considered a fundamental right. However, it was moved to another constitutional clause because the founders did not want to “offend” the princely states with which they were negotiating to become part of India. He said: “Otherwise, they emphasized the importance of the right to vote and universal adult suffrage. Seventy-five years after independence, we have the opportunity to realize their absolute vision by recognizing things that were not possible due to the socio-political circumstances of the time .”
other cases
bench of six judges NP Ponnuswami v Returning Officer, NamakarIn the context of section 329(b), arguing that voting rights are an artifact of statute… Courts really don’t care whether section 326 creates a constitutional right to vote.
exist Rama Kant Pandey v Indian UnionA three-judge bench is dealing with a petition challenging the validity of the Representation of the People (Amendment Regulations) Act 1992…In the context of the above challenge, the court stated that “the right to vote or stand Man is neither a fundamental right nor a civil right.”
exist Kurdip Nayar too, the majority noted that the question which actually fell for consideration was the validity of a certain amendment regarding domicile in the state concerned for being elected to the Council of States. age, and he/she has not incurred disqualification (section 326), he/she is entitled to be included in the electoral roll.
“Such persons, as stated in section 326, do have a right, arguably a constitutional right, which may be limited. As we have noted, section 62(1) of the 1951 Act also Give such people the right to vote. Any other explanation would undercut the ambitious goal of empowering citizens to vote as adults.”
basic freedom
The majority went on to add that just because citizens are subject to certain restrictions imposed by Section 326, it does not “derogate” from the existence of the right.
“Article 19 confers fundamental freedoms, which are understood as fundamental rights. Fundamental rights may be regulated by laws enacted pursuant to Article 19(2) to Article 19(6). Can it be said that, given the regulation of fundamental The power of the right, does the right not exist?”
In this sense, the majority argues, it can be said that Section 326 provides a constitutional right, subject to the limits set by law, which must ultimately be traced back to its shores. It believed that the restrictions under Article 326 were only intended to prevent abuse of rights. However, in light of the Kuldip Nayar case, the majority said it could not (respect judicial legitimacy) and did not need to conclusively issue an opinion in this regard.
Recently, Chief Justice of India DY Chandrachud, when hearing PIL challenging the constitutionality of Section 33(7) of the Representation of the People Act, 1951, expressed reservations about the view that the right to vote is a statutory right, stating that “of course, there are some judgments Saying the right to vote is just a statutory right, not a constitutional right. But no, it’s a constitutional right because it’s part of section 19(1)(a).”
