Why in the news?

  • The Union government has argued before the Supreme Court that the “right to vote” in elections is not a fundamental entitlement but merely a statutory right granted by legislation.

Right to Vote

  • Definition:  The statutory right conferred upon citizens to participate in the electoral process by choosing their representatives.
  • Source: Derived from Article 326 of the Constitution and Representation of the People Act, 1951 (RPA, 1951).
  • Nature:
    • Not a fundamental right or constitutional right in a strict sense.
    • It is a statutory right, created and regulated by Parliament through the RPA.
  • Scope:
    • Includes eligibility to vote (citizenship, age ≥18 years, registration).
    • Can be restricted on grounds like unsoundness of mind, crime, or corrupt practices.
  • Case Law:
    • Jyoti Basu v. Debi Ghosal (1982): Right to vote is purely statutory.
    • People’s Union for Civil Liberties (PUCL) v. Union of India (2003): Clarified distinction between right to vote and freedom of voting.

Freedom of Voting

  • Definition: The constitutional expression of the citizen’s freedom of choice in voting- the right to vote freely and confidentially.
  • Source: Article 19(1)(a)- Freedom of Speech and Expression.
  • Nature:
    • A constitutional and fundamental right, though it operates within the framework of the statutory right to vote.
    • Encompasses the right not to vote (NOTA – None of the Above).
  • Case Laws:
    • PUCL v. Union of India (2003): The Supreme Court held that the freedom of voting is a facet of freedom of expression under Article 19(1)(a).