The Legal Status of the Right to Vote in India

1. What is the current legal status of the right to vote in India?

In India, the right to vote is a statutory right granted under Section 62 of the Representation of the People Act, 1951 (RPA 1951). It is not a fundamental or constitutional right, meaning it is derived from legislation and can be regulated or amended by Parliament.

2. What was held in the Anoop Baranwal case (2023)?

In the landmark Anoop Baranwal v. Union of India (2023) case, the Supreme Court reaffirmed that the right to vote is purely statutory, arising from the RPA 1951. The Court made it clear that voting is not a constitutional or fundamental right, but a privilege granted by law.

3. What does Article 326 provide?

Article 326 of the Constitution ensures the right to be enrolled as a voter in elections to the Lok Sabha and State Legislative Assemblies. This right is subject to certain qualifications such as:

• Attaining the age of 18 years or above.
• Not being disqualified under the law for reasons such as unsoundness of mind or criminal conviction.

4. Does the right to vote relate to Article 19(1)(a)?

No. Earlier judgments had suggested a possible connection between voting and the freedom of expression under Article 19(1)(a) of the Constitution. However, the Anoop Baranwal judgment clarified that freedom of expression is a fundamental right, whereas voting is not protected under it. The act of casting a vote is a statutory mechanism and not a form of constitutionally protected expression.

5. Who is disqualified from voting under current law?

Under Section 62(5) of the Representation of the People Act, 1951:

• Persons who are in prison, in police custody, or in transit under custody are not allowed to vote.
• However, those under preventive detention or out on bail can vote.

Synopsis

The right to vote in India is a statutory right governed by the Representation of the People Act, 1951. While Article 326 guarantees the right to be enrolled as a voter, the actual act of voting is not a fundamental or constitutional right. The Supreme Court’s Anoop Baranwal (2023) judgment reaffirmed this distinction, clarifying that voting is regulated by statutory law and not protected under Article 19(1)(a) of the Constitution.