Uncontested polls: Centre says right to vote different from freedom of voting

For Preliminary Examination:  Current eents of national and international Significance like Right to Vote in India

For Mains Examination: GS II - Indian Polity

Context:

The Centre has argued in the Supreme Court that the ‘right to vote’ in an election is different from the ‘freedom of voting’, and while one is a mere statutory right, the second is a part of the fundamental right to freedom of speech and expression.

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What is Right to Vote in India?

Article 19(1)(a)

Key takeaways:

The Right to Vote in India is one of the most essential features of its democratic framework. It symbolizes the sovereignty of the people and serves as the foundation of the representative system of government envisioned by the Constitution. Though often regarded as a fundamental democratic right, in legal terms, the right to vote in India is not a Fundamental Right but a statutory right granted under the provisions of the Representation of the People Act, 1951

Constitutional Basis

• The Constitution of India, under Article 326, provides for elections to the House of the People (Lok Sabha) and the Legislative Assemblies of States on the basis of adult suffrage.
• This means that every Indian citizen who is 18 years or older has the right to vote, regardless of religion, caste, gender, education, or economic status, as long as they are not disqualified under any law made by Parliament.
• The concept of universal adult franchise was a revolutionary step at the time of Independence. Unlike many Western democracies that extended voting rights gradually, India conferred the right to vote on all adult citizens from the very beginning, reflecting the framers’ belief in political equality and inclusive participation.