Congress Calls for Elevating Right to Vote to Fundamental Right Amid Election Commission Criticism

Overview The Congress party on June 21, 2026 urged that the right to vote be declared a fundamental right . The move is presented as a safeguard against alleged partisan actions of the Election Commission of India and the large‑scale voter disqualifications under the SIR process. Key Developments Congress leader Jairam Ramesh highlighted the “blatantly partisan functioning” of the ECI working at the behest of the Prime Minister and Home Minister. The Supreme Court on June 19, 2026 declared the right to walk on a demarcated footpath a fundamental right , prompting calls to extend similar protection to voting. Historical records show that the Constituent Assembly debated making voting a fundamental right, with leaders like Dr. Ambedkar supporting it. Justice Ajay Rastogi, in a dissenting opinion (March 2023), also treated voting as a fundamental right. Important Facts The Constitution already guarantees universal adult franchise under Article 326 . However, voting is currently regulated by the Representation of People Act, 1951 , a statutory provision. The Supreme Court has recognized related rights—such as the right to know candidates' criminal records, the right to secrecy of ballot, and the right to reject all candidates through NOTA —as fundamental. UPSC Relevance Understanding whether voting is a statutory or constitutional right touches upon several UPSC themes: constitutional law (GS2), democratic institutions, and the role of the judiciary in safeguarding rights. The debate also reflects the historical positions of leaders like Sardar Patel, who viewed universal franchise as an implicit fundamental right, linking to the evolution of the Indian Constitution (GS1 & GS2). The issue illustrates the interplay between law, politics, and administrative processes such as the SIR mechanism. Way Forward Congress proposes a constitutional amendment to elevate voting to a fundamental right . Such an amendment would: Provide the highest level of judicial review against arbitrary disqualifications. Strengthen Supreme Court oversight of the ECI . Align voting rights with other constitutional guarantees like freedom of movement (Article 19) and right to life (Article 21). The proposal invites debate on federal‑state relations, the balance of power, and the mechanisms needed to protect democratic participation.