Right to Vote in Indian Constitution

The right to vote is one of the cornerstones of any democratic society, allowing citizens to participate in the political process and express their preferences in elections. In India, the right to vote is guaranteed under the Constitution, ensuring that every eligible citizen has the opportunity to participate in the electoral process.  However, the nature of this right—whether it is a fundamental right or a constitutional right—has been a subject of debate.

The Right to Vote under the Indian Constitution

The right to vote in India is primarily governed by Article 326 of the Indian Constitution, which stipulates that elections to the Lok Sabha (the Lower House of Parliament) and the Legislative Assemblies of States shall be on the basis of adult suffrage. This means that every citizen of India who is at least 18 years of age has the right to vote in these elections, provided they meet the necessary criteria laid out in law.

Before 1988, the voting age in India was 21, but through the 61st Constitutional Amendment Act of 1988, the voting age was reduced to 18 years. This amendment marked a significant shift towards inclusivity, enabling a larger proportion of the population to exercise their democratic right. Today, all citizens who are 18 years or older, irrespective of their caste, religion, social class, or economic status, are entitled to vote.

Text of Article 326 in Constitution of India

326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage

The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less thaneighteen years of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Universal Adult Suffrage

The term Universal Adult Suffrage or Franchise refers to the principle that every adult citizen has the right to vote, without any discrimination. This principle is foundational to the Indian democracy, ensuring that everyone has an equal say in the selection of their representatives. The Constitution guarantees this right, making it a pivotal element in the Indian electoral process.

However, it is important to note that while the right to vote is a guaranteed right, it is not absolute. There are certain disqualifications under the law, which can prevent individuals from exercising this right.

Legal Safeguards of the Right to Vote

The Constitution and other legal frameworks ensure that the right to vote is not only guaranteed but also safeguarded. Key legal provisions that protect this right include:

Article 326 – Elections based on Adult Suffrage

Article 326 of the Indian Constitution mandates that elections to the Lok Sabha and State Assemblies shall be conducted on the basis of adult suffrage. According to this provision, every Indian citizen who is 18 years of age or older is entitled to vote, except in cases where they are disqualified under the law.

Disqualifications for Voting

The Constitution provides for certain disqualifications for voting, which include:

• Non-residence: A person who is not a resident of India cannot vote.
• Unsound Mind: A person who has been declared to be of unsound mind by a competent court is not entitled to vote.
• Criminal Offenses: Individuals who are convicted of certain offenses, such as corruption or election-related crimes, may be disqualified from voting.

The Representation of the People Act, 1950

The Representation of the People Act, 1950 (RoPA 1950) further elaborates on the criteria for voter eligibility and disqualification. Section 62 of the Act ensures that anyone who is listed in the electoral roll of a constituency has the right to vote.

Section 16 of the RoPA specifies the categories of people who are not allowed to vote, including:

1. Non-citizens of India.
2. People declared to be of unsound mind by a court.
3. People disqualified under a law due to corruption or other election-related offenses.

Section 8 of the Act lays down the offenses that can lead to disqualification from voting. These offenses typically relate to illegal practices, corrupt practices, and other election violations.

Right to Vote: Fundamental or Constitutional Right?

A common misconception prevalent among many citizens is that the right to vote is a fundamental right under the Indian Constitution. However, this is not the case. Although voting is a crucial element of democracy, it is not classified as a fundamental right but as a constitutional right.

Why is the Right to Vote not a Fundamental Right?

The key difference between fundamental rights and constitutional rights lies in their universality and the conditions attached to them. Fundamental rights are unconditional and are available to every citizen, irrespective of any criteria, such as age, background, or citizenship status. On the other hand, constitutional rights may have certain conditions attached to their enjoyment.

The right to vote is conditional, as it is subject to certain restrictions, such as the minimum age requirement of 18 years and disqualifications like unsoundness of mind or criminal offenses. This is why it is classified as a constitutional right and not as a fundamental right.

Court Rulings and Legal Precedents

Several Supreme Court rulings have clarified the nature of the right to vote:

1. PUCL Case (2003): The Supreme Court held that the right to vote is a constitutional right governed by statutory laws like the Representation of the People Act, 1950. This ruling solidified the classification of the right to vote as a constitutional right.
2. Association of Democratic Reforms Case (2002): In this case, the Court recognised that the right to vote includes the right to know about the candidates contesting the elections. This ruling mandated that candidates disclose their criminal backgrounds, financial status, and educational qualifications.
3. PUCL Case (2013) – Right to NOTA: The Supreme Court also ruled that the right to vote includes the Right to NOTA (None of the Above). The Court directed the Election Commission to include the NOTA option on Electronic Voting Machines (EVMs), enabling voters to reject all candidates.

The Status of Voting as a Duty

While voting is a right, it is not a fundamental duty under the Indian Constitution. The Swaran Singh Committee had recommended making voting a fundamental duty, but this recommendation was not adopted. Therefore, there is no legal penalty for failing to vote, making voting a voluntary act rather than an obligatory one.

The Right to Vote for Women: A Historic Milestone

The right to vote for women, also known as women’s suffrage, was a major milestone in the history of democracy and gender equality. Globally, the women’s suffrage movement fought for women’s political rights, and India was no exception.

Global Milestones in Women’s Suffrage

• New Zealand: In 1893, New Zealand became the first self-governing country to grant women the right to vote.
• Australia: In 1902, Australia granted voting rights to women.
• United Kingdom: Women in the UK were granted partial suffrage in 1918, with full suffrage achieved in 1928.
• United States: In 1920, the 19th Amendment to the US Constitution granted women the right to vote.

Women’s Suffrage in India

Pre-Independence:

• Montagu-Chelmsford Reforms (1919): Introduced limited voting rights for women in British India, subject to property and educational qualifications.
• Government of India Act (1935): Expanded the franchise for women but did not grant universal suffrage.

Post-Independence:

• Indian Constitution (1950): The Indian Constitution granted universal suffrage to all adult citizens, irrespective of gender, caste, religion, or education, allowing both men and women to vote on equal terms.

Conclusion

The right to vote is an essential element of democracy, enabling citizens to actively participate in the political process. In India, this right is guaranteed under Article 326 of the Constitution, ensuring that all adult citizens above the age of 18 can vote, subject to certain disqualifications. While the right to vote is a constitutional right, it is not a fundamental right, as it is subject to conditions like age and disqualifications.

Over the years, significant legal provisions, such as the Representation of the People Act, 1950, have further defined and safeguarded the right to vote. The right to vote has also been extended to women, marking a significant step towards gender equality in India’s democratic process.