The debate over whether the right to vote is a fundamental right has resurfaced after a Congress leader’s demand. While the Supreme Court has long called voting a statutory right, recent judgments have given many voting‑related freedoms a constitutional character.
Key Developments
- 1952 – Ponnuswami case declared voting a statutory right.
- 2002 – In UOI vs ADR, the Court said voters must know candidates’ criminal, financial and educational details under Article 19(1)(a).
- 2003 – PUCL vs UOI held that the freedom to make an informed choice is a fundamental right.
- 2013 – The NOTA judgment declared the choice to reject all candidates as protected speech under Article 19(1)(a).
- 2023 – In Baranwal case, a separate opinion favoured elevating voting to a fundamental right, signalling a shift in judicial thinking.
Important Facts
Article 326 obliges the state to provide universal adult suffrage. This means every citizen aged 18 or above is constitutionally entitled to be an elector, subject only to narrowly defined disqualifications. The Representation of the People Act merely implements this constitutional command.
The Court’s reliance on the