Syllabus:
GS2: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
GS2: Salient Features of the Representation of People’s Act.
Context:
The Supreme Court asked the Election Commission (EC) to accept Aadhaar, voter ID, and ration cards as acceptable documents for the special intensive revision (SIR) of electoral rolls in Bihar.
More on the News
- The supreme court stated that the sanctity of the poll rolls lies in its upholding the right to vote. No citizen who is eligible should be denied his basic democratic right.
- On June 24, the ECI announced that each of the nearly 8cr voters of Bihar will need to re-register as voters by July 26.
- The Election Commission of India (ECI), to re-scrutinise voters documents in a bid to weed out “foreign illegal immigrants” has prompted widespread fears of mass disenfranchisement and deportations in the world’s largest democracy.
International Practices
- India’s constitutional promise of the right to vote differs significantly from that of many Western democracies.
- Early voting rights in the U.K. echoed views like J.S. Mill’s, favouring the “enlightened” and excluding the “ignorant,” limiting the vote to male property owners. Finally, universal male suffrage came in 1918, with women gaining the vote in 1928.
- In the U.S., although the 15th and 19th Amendments extended voting rights to African Americans (1870) and women (1920), systemic barriers such as poll taxes and literacy tests continued to disenfranchise many for decades thereafter.
Universal Adult Suffrage in India
- Article 326: It granted every adult citizen the right to vote, regardless of gender, caste, religion, education, or property, at a time when most of the world moved cautiously.
- 61st Constitutional Amendment Act, 1989: It reduced the voting age in India from 21 to 18 years.Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established democracy as part of the basic structure doctrine, thus establishing the fundamental importance of citizens having the power to shape their government through free and unconstrained decision-making.
- Representation of the People Act, 1950: It governs the preparation and revision of electoral rolls.
- Representation of the People Act, 1951: It regulates election conduct, candidature, and electoral offences.
Legal Status of Right to Vote
The legal status of the ‘right to vote’ in India has long been debated. Dr. Ambedkar and K.T. Shah proposed including it in the Constitution’s fundamental rights part, the Constituent Assembly’s Advisory Committee ultimately rejected the idea.
Kuldip Nayar v. Union of India (2006): It held that the ‘right to vote’ is a statutory right under Section 62 of the RPA, 1951, and not a fundamental or constitutional right.
Rajbala v. State of Haryana (2015): Here a two-judge bench in Rajbala v. State of Haryana described the ‘right to vote’ as a constitutional right, but the larger bench ruling in Kuldip Nayar prevails calling right to vote as statutory right.
Anoop Baranwal v. Union of India (2023): The Supreme Court ruled that, until Parliament enacts a law, a panel of the PM, Leader of Opposition, and CJI will advise the President on appointing Election Commissioners to safeguard the Commission’s independence.
- However, court declined to pronounce on the issue of right to vote, noting that it had already been settled by the five-judge Bench in the Kuldip Nayar judgment.
Importance of Electoral Roll Accuracy
Importance of Accurate Electoral Rolls: Under the RPA, 1950, free and fair elections depend on clean electoral rolls. Errors like omissions, duplicates, or ineligible entries can distort the mandate and violate the “one person, one vote” principle.
EC’s Role and Legal Threshold: The Election Commission, under Section 21 of the RPA 1950, is empowered to prepare and revise these rolls to ensure integrity.
Need for Balance in Roll Purification: Both exclusion of eligible voters and inclusion of ineligible one’s harm democracy. Instead of halting the process, efforts should focus on improving accuracy and inclusion.
Supreme Court’s Suggestion: The Court’s recommendation to allow more ID documents strengthens voter inclusion and safeguards the right to representation.
Role of Political Parties: In Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985) observed the right to inclusion or objection in electoral rolls is conferred on individuals, not political parties.
- It also observed that in a largely illiterate and politically unaware electorate, parties should take steps to ensure eligible voters are included and ineligible ones are removed. Given India’s party-based Parliamentary system, such vigilance will help to preserve ‘electoral integrity’.
Ordinary Resident
EC’s Constitutional Role: The Election Commission, under Article 324, is responsible for overseeing free and fair elections, including the preparation of accurate electoral rolls. As per Section 19 of the RPA, 1950, any citizen aged 18 or above, “ordinarily resident” in a constituency and not disqualified, is entitled to be registered.
Definition of ‘Ordinary Residence’: To register as a voter, one must be an “ordinary resident” — implying regular, genuine presence in a constituency, not a temporary or casual stay. This ensures voters have real ties to their constituencies, maintaining accountability.
- Judicial Clarification (Manmohan Singh Case, 1991): The court emphasized that ordinary residence means habitual and genuine presence, not just a nominal or temporary address.
Special Voting Provisions: Postal ballots are allowed for service voters (armed forces, govt staff abroad, etc.) under Rule 18 of the 1961 Rules. Overseas citizens can register under Section 20A but must vote in person as they are not eligible for postal or proxy voting.
Citizenship Verification Concerns (Lal Babu Hussein Case, 1995): The court quashed two EC directives (1992 and 1994) allowing District Collectors and Electoral Registration Officers (EROs) to identify and delete alleged foreigners from voter rolls.
- The Supreme Court noted that the poll body guidelines put the “onus of proof of citizenship” on the person involved, even disregarding that several persons were voters in previous elections.
Due Process is Essential: In Lal Babu and Md. Rahim Ali (2024) case, exclusion from electoral rolls must be based on credible evidence, not suspicion. The principles of natural justice and constitutional safeguards must guide all revisions, especially during exercises like the SIR in Bihar.
