Legal Status of Right to Vote in India

Understanding Natural Rights

• Natural rights are inherent and inalienable rights bestowed by nature on individuals.

• Right to life and liberty are considered natural rights.

• The Supreme Court is hearing cases against the Special Intensive Revision (SIR) of electoral rolls in Bihar.

Different Types of Rights

• Natural rights are inherent and inalienable rights bestowed by nature on individuals.

• Fundamental rights enumerated and guaranteed in Part III of the Constitution secure equality and liberty.

• Constitutional rights are contained in the Constitution but outside of Part III.

• Statutory rights are provided and amended by ordinary laws of Parliament or State legislature.

Constitutional Rights and Universal Adult Franchise

• Article 326 of the Constitution grants every citizen the right to vote, without discrimination.

• The Representation of the People Act, 1950 and the Representation of the People Act, 1951 provide the laws enacted in this regard.

Justice Ajay Rastogi’s Dissent in Anoop Baranwal Case

• Justice Ajay Rastogi noted that the right to vote is an expression of the citizen’s choice, which is a fundamental right under Article 19(1)(a).

• Sections 16 and 19 of the RP Act, 1950 disqualify a non-citizen from being enrolled in the electoral roll.

Courts’ Roles in the Legal Status of the Right to Vote

• The legal status of the right to vote has been a subject of debate in various cases.

• The Supreme Court may consider elevating the status of the right to vote into a constitutional right.