Should Voting Be Recognised As A Fundamental Right? A Constitutional Analysis
Anika Singh, University Institute of Legal Studies, Panjab University
ABSTRACT
The right to vote constitutes the foundation for a representative democracy which by Abraham Lincoln has been famously stated as a “government of the people, by the people, for the people” and acts a means through which citizens participate in the electoral processes and engage in the process of choosing their leaders. In India, while Universal Adult Suffrage is constitutionally recognised under Article 326 of the Constitution, our Supreme Court has consistently held that the right to vote is a statutory right governed by the Representation of the Peoples Acts, 1950 & 1951, rather than a fundamental right. This stance has generated a lot of debate regarding the nature and scope of electoral participation in a democratic polity.
This paper examines the constitutional and statutory framework governing voting rights in India and analysis the judicial approach adopted by the Supreme Court in determining the status of the right to vote. Emphasis is placed on landmark decisions that have distinguished the right to vote from fundamental rights while recognising certain voting relating rights such as the voting related entitlements, like the voters right to information and right to express dissent through NOTA option, as guaranteed under Article 19(1)(a).
The study further evaluates arguments in favour of recognising voting as a fundamental right, including the principles of political equality and democratic participation. Counterarguments are also considered in this study relating to the existing framework. Through an analysis of the available resources, this paper dwells into assessing whether giving the right to vote a fundamental status would strengthen the constitutional democracy in India.
Keywords: Right to Vote, Fundamental Rights, Constitutional Democracy, Electoral rights, Universal Adult Suffrage, Article 326, Representation of the People Act, Political Equality, Democratic Participation, Judicial Review.
