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The right to vote is a constitutional right in India under Article 326. It allows all citizens above the age of 18 years, irrespective of their gender, caste, religion or class a right to vote. It ensures a system of democratic accountability allowing citizens to shape governance. It is recognised as a right under international human rights instruments which India is a party to like the Universal Declaration of Human Rights, 1948 and the International Covenant on Civil and Political Rights, 1966.
Right to Vote vs Right to not Vote (NOTA): earlier Rule 49-O of the Conduct of Election Rules of 1961 gave the power to the voter to exercise his Right to not vote. The Voter could exercise this right by registering his electoral roll number in Form-17A with the Presiding Officer. However, the Hon’ble Supreme Court of India in 2013 directed the Election Commission to provide a button for the same in Electronic Voting Machines (“EVM”). Thereafter the Election commission introduced the “None of the Above” option which allowed the voters to exercise the NOTA option.
There has been a prevalent misconception among the majority of the population that the Right to Vote, as ensured by Article 326 of the Indian Constitution, is a fundamental right. Contrary to this belief, the right to vote is accurately categorised as a constitutional right rather than a fundamental one. To comprehend the rationale behind this distinction, it is essential to grasp the fundamental and constitutional rights' basic definitions. Fundamental Rights are inherent entitlements guaranteed to every citizen without discrimination based on factors such as caste, creed, religion, age, sex or economic status. These rights are contained in Part III of the Indian Constitution, which apply to not only citizens of India but also to foreigners. Certain fundamental rights like rights under Articles 15,16,19,29 and 30 are explicitly available to foreigners.
Constitutional Rights on the other hand, are rights guaranteed by the Constitution but are outside Part III of the Constitution. While Constitutional Rights, including the right to vote or universal adult suffrage under Article 326, are supreme and can lead to the nullification of inconsistent laws, they are not basic rights applicable to everyone. The Sixty-first Amendment of the constitution in 1988 exemplifies the adaptability of constitutional rights, as it lowered the voting age from 21 to 18. The critical distinction lies in the fact that constitutional rights, such as the right to vote, can be subject to certain conditions, like attaining the age of 18, whereas fundamental rights are unconditional and apply universally. Therefore, the right to vote is rightfully categorised as a constitutional right, not a fundamental one.
The evolution of the voting rights in India reflect the socio-political advancements made by the society as a whole. Under the British Colonial Regime, voting privileges of the Indians were limited, which benefited only a select group of few so called “elites”.
With the independence of India, the Indian Constitution brought in Universal Adult Suffrage, guaranteeing voting rights to all the citizens under the age of 18 years and above, irrespective of their religion, caste or gender. This was a revolutionary step as around the world, this free right to vote was not given so easily. For example, the USA gave franchises to women in 1920, Britain in 1928, USSR in 1936. The introduction of Universal Adult Franchise by the Constitution-makers in India was a bold move owing to the huge population, size of the country and the problems of poverty and ill-literacy. Universal Adult Franchise makes democracy broad-based and enhances the self-respect and prestige of the citizen, while allowing them to also protect their interests.
The Right to Vote in India is guaranteed to all citizens by the Constitution of India under Article 326. Universal Adult Suffrage/Franchisee (UAF) means that everyone who is not less than 18 years of age has a right to vote without any discrimination of caste, race, religion, sex, literacy, wealth etc. Earlier in India the voting age used to be 21 years. However, the same was reduced to 18 years by the 61st Constitutional amendment Act of 1988. The Constitution of India adopts universal adult franchise as a basis of election to all the State legislative assemblies and Lok Sabha.
Legal safeguards on Right to Vote: Voting is a process where eligible individuals express their preference for a particular candidate, option, or decision in an election. The right to vote allows individuals to hold their elected representatives accountable for their actions and policies, which is the core of democracy. This is secured in two key legal documents in India:-
there has been a prevalent misconception among the majority of the population that the Right to Vote, under Article 326 of the Indian Constitution, is a fundamental right. However, the right to vote is accurately categorised as a constitutional right rather than a fundamental one. The critical distinction lies in the fact that constitutional rights, such as the right to vote, can be subject to certain conditions, like attaining the age of 18, whereas fundamental rights are unconditional and apply universally. Therefore, the right to vote is rightfully categorised as a constitutional right, not a fundamental one.
The right to vote for women, also referred as women's suffrage, has been a significant milestone in the history of gender equality and democracy.
One can apply online on the National Voters' Service Portal to register as a voter. Once the registration is complete you will be issued an Electoral Photo ID Card (EPIC), which was started in 2021.
Every voter belongs to a constituency when voting during the National or State elections. These constituencies are demarcated during a delimitation exercise under the Constitution. Every constituency has a Voter’s List officially called the Electoral Roll. It is the responsibility of the government to ensure that all eligible voters are on the list. The Election Commission of India (ECI) has the responsibility to add new voters as they turn 18 years of age and delete the names of those who have changed residence or died. A complete revision of the list is done every 5 years.
On the day of election, voters cast or ‘poll’ their vote. A polling booth is located in the locality where one can show their EPIC card, find their name in the Electoral Roll and then cast their vote. Once they have voted, a blue ink is put on the index finger of the right hand to identify that they have voted.
Electronic Voting Machines are located inside the polling booth where the name of candidates and their party symbols are visible. The voter has to press the button next to the name of the candidate and their vote will be counted. A Voter Verified Paper Audit Trail (VVPAT) is attached which provides feedback to voters that the option they chose on the EVM was the one which was registered as it generates a paper slip on which it is recorded. VVPATs were first introduced in 2014 elections to eliminate any doubts about accuracy of EVMs.
India has the largest electorate in the world. The voter participation in Indian elections has been increasing from 45% in 1951 to 67% in 2019. Some key facts about them are given below:-
The law was passed bringing crucial changes to the voter registration process:-
To ensure that as many people as possible turn out to vote, the Election Commission focuses on generating awareness and making the voting process accessible.
The Right to Vote in India is a foundational principle on which democracy is built. It is the essence of democracy which was recognised by the Indian freedom fighters who shunned the limited voting rights during the British Colonial Regime and instead recognised Universal Adult Suffrage under the Indian Constitution. This baton was then transferred to the ECI to ensure the right to vote is actually realised for all. Active efforts are undertaken by the Election Commission of India to make the elections accessible to all through polling booths in far off areas, through digitally available voter id and through accessible booths for people with disabilities.
However there are still challenges to be tackled. Booth capturing and purchase of votes needs to be guarded against vehemently. Stricter regulations for transparency in campaign expenditure and adherence to Model Code of Conduct must be ensured. Decriminalisation of politics is a must and disclosing the correct details of criminal antecedents of candidates must be ensured.
ECI also should develop guidelines and regulations to address the misuse of social media platforms for spreading misinformation, hate speech, or fake news during elections which can mislead voters. Another issue is enabling voting for migrant workers. ECI must develop initiatives to facilitate voter registration and participation for internal migrants, including providing accessible registration facilities in areas with high migrant populations.
The Right to Vote remains a powerful tool that enriches the democratic fabric of the nation, allowing citizens to shape the course of governance and secure their natural rights. It must be guarded and facilitated vociferously to ensure our democracy thrives.
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