What is the legal status of right to vote?, Pg8

Key Highlights:

• The right to vote in India is currently a statutory right, not a constitutional or fundamental right.
• Article 326 of the Constitution provides for universal adult suffrage but is operationalized via statutory laws.
• Section 62 of the Representation of the People Act, 1951 grants voting rights to those on the electoral roll, with some disqualifications.
• Multiple Supreme Court rulings have reiterated the statutory status of this right, including in Kuldip Nayar (2006) and Anoop Baranwal (2023).
• Justice Ajay Rastogi, in his partial dissent in Anoop Baranwal, argued the right to vote flows from Article 326 and is linked to Article 19(1)(a).

Detailed Insights:

1. Types of Rights:

• Natural Rights: Inherent (e.g., life, liberty); not directly enforceable unless included in fundamental rights.
• Fundamental Rights: Enshrined in Part III of the Constitution; enforceable via Article 32.
• Constitutional Rights: Found in Constitution but outside Part III (e.g., property, trade)
• Statutory Rights: Created and regulated by legislation (e.g., MGNREGA, NFSA, Forest Rights Act).

2. Constitutional Provision:

• Article 326 grants voting rights to all citizens ≥18 years of age, not otherwise disqualified.
• RP Act, 1950: Section 16 disqualifies non-citizens; Section 19 sets age and residency criteria.
• RP Act, 1951: Section 62 grants right to vote if on the electoral roll; disqualifies prisoners and those disqualified under law.

3. Judicial Interpretation:

• N.P. Ponnuswami (1952): Right to vote is a statutory right.
• Jyoti Basu (1982): Reiterated the same view.
• PUCL (2003): Justice P.V. Reddy hinted it may be a constitutional right.
• Kuldip Nayar (2006): Constitution Bench reaffirmed statutory status.
• Raj Bala (2015): Division Bench noted it as constitutional, referencing PUCL.
• Anoop Baranwal (2023): Majority reaffirmed statutory status; dissent by Justice Rastogi linked it to freedom of expression and basic structure.

4. Dissenting View (Justice Rastogi):

• Right to vote is an expression under Article 19(1)(a).
• Free and fair elections are part of the basic structure, thus voting is integral.
• Although shaped by statute, voting rights originate from Article 326, warranting constitutional status.

Key Concepts Involved:

• Article 326: Provides for universal adult suffrage as the basis for elections to the House of the People and State Legislative Assemblies.
• Statutory vs. Constitutional Right: A statutory right is based on legislation; a constitutional right is derived directly from the Constitution.
• Article 19(1)(a): Guarantees freedom of speech and expression — used in the argument for elevating voting as an expressive right.