The need to safeguard the right to vote: Ensuring Electoral Justice

Why in the News?

On July 10, 2025, the Supreme Court of India directed the Election Commission (EC) to accept Aadhaar cards, voter IDs, and ration cards for the Special Intensive Revision (SIR) of electoral rolls in Bihar. This directive, amid a batch of petitions alleging wrongful exclusions and irregularities, underscores the critical importance of electoral roll integrity and the broader question of whether the right to vote should be seen as fundamental, constitutional, or statutory in India.

Background

• Universal Adult Suffrage (UAS) was enshrined in the Indian Constitution (Article 326) from the outset, unlike many Western democracies that extended the franchise gradually and selectively.
• Initially set at 21 years, the voting age was lowered to 18 years through the 61st Constitutional Amendment (1989).
• India’s voting rights are operationalised through:
  • Representation of the People Act (RPA), 1950 – electoral rolls
  • RPA, 1951 – conduct of elections, qualifications, offences
• The Election Commission (EC), under Article 324, has powers over elections, including the preparation and revision of rolls.
  

Features

Legal Status of the Right to Vote

• As per Kuldip Nayar v. Union of India (2006):

The right to vote is a statutory right, not a fundamental or constitutional right.

• Rajbala v. State of Haryana (2016) observed it as a constitutional right, but this was overruled by the larger bench.
• Anoop Baranwal’s case (2023) reaffirmed its statutory nature but noted its democratic significance.

Constitutional and Democratic Imperative

• Although not a fundamental right, courts uphold it as central to India’s democratic framework.
• Key Supreme Court judgments like Kesavananda Bharati (1973) define democracy as part of the basic structure.
• Emphasis on universal inclusion, rooted in democratic equality, unlike gradual enfranchisement in the West.
• Electoral Roll Management

Governed by Section 21 of the RPA, 1950.

• Rolls must be updated, accurate, inclusive, and free of duplications or exclusions.
• In cases like Lakshmi Charan Sen v. Hassan Uzzaman (1985), the SC urged political parties to assist in roll verification.

Documentary Evidence and Aadhaar Debate

• SC recommends Aadhaar, ration cards, and Voter IDs as valid for SIR.
• The objective is to prevent the exclusion of genuine voters while enabling scrutiny of fraudulent entries.

“Ordinary Residence” Criteria

• Defined under Section 19 of the RPA, 1950: must be habitually resident, not temporarily staying.
• Example: In Manmohan Singh’s Assam election (1991), courts clarified what qualifies as “ordinary residence.”

Judicial Safeguards Against Arbitrary Exclusion

• In Lal Babu Hussein v. ERO (1995) and Md. Rahim Ali (2024):
• SC rejected directives allowing EROs to delete names without due process.
• Emphasised quasi-judicial inquiry and natural justice before exclusions.
  Postal Ballots and Overseas VotersRule 18 of Conduct of Election Rules (1961): postal ballots for service voters, diplomats, officials on duty.
  NRIs under Section 20A of RPA, 1950 must vote in person (no proxy/postal voting yet).

Challenges

Statutory Limitations of Voting Rights

• Being statutory (not fundamental), it lacks direct enforceability under Article 32 of the Constitution.
• Leaves room for administrative or political misuse in revision processes.

Electoral Roll Manipulation

• Mass omissions (as alleged in Bihar SIR) can disenfranchise genuine voters.
• Inclusion of non-residents or ineligible persons dilutes the principle of “one person, one vote.”

Citizen Verification Controversies

• Citizenship-linked exclusions without due process violate individual rights.
• Risk of communal profiling, especially in border States or politically sensitive regions.

Lack of Awareness and Participation

• Many voters are unaware of their roll status, particularly in rural and marginalised communities.
• Digital illiteracy, poor outreach, and bureaucratic hurdles deter updates or corrections.

Political Polarisation of Electoral Issues

• Voter roll revisions often become politically contentious, undermining trust in institutions like the EC.

Way Forward

Reimagining the Right to Vote as Fundamental

• Constitutional or fundamental status would ensure greater safeguards, judicial review, and citizen empowerment.

Strengthening Electoral Roll Mechanisms

• Robust de-duplication, AI-enabled cross-verification, and door-to-door campaigns can enhance accuracy.
• State and central coordination must be seamless and transparent.

Balanced Vigilance and Inclusion

• The EC must avoid arbitrary disenfranchisement while preventing fraud.
  Standard Operating Procedures (SOPs) with judicial oversight could help.

Transparent, Technology-driven Verification

• Aadhaar, ration cards, and other proofs can be used with data privacy safeguards.
• Online platforms and mobile apps should be promoted to let voters check and correct details.

Civic Education and Mass Outreach

• Citizens should be educated about their voting rights and responsibilities.
• Public campaigns during roll revision phases can ensure timely rectifications.

Legislative and Judicial Clarity

• Parliament could revisit voting rights’ status, especially in light of emerging complexities (e.g., urban migration, diaspora).
• SC must develop clear jurisprudence on the thresholds for permissible deletions.

Conclusion

While the right to vote in India is not a fundamental right, it is no less essential to the soul of Indian democracy. As the Supreme Court resumes hearings on July 28, the outcome could shape future electoral practices and deepen or dilute citizen confidence. The way forward lies in strengthening voter inclusion without sacrificing electoral integrity, ensuring that every citizen’s voice finds a place on the electoral roll and, consequently, in the future of the republic.

MAINS PRACTICE QUESTION

Discuss the constitutional, legal, and democratic dimensions of the right to vote in India. In light of recent controversies over electoral roll revisions, how can India ensure both electoral integrity and inclusive enfranchisement?

PRELIMS PRACTICE QUESTION