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Critical Topics and Their Significance for the UPSC CSE Examination on July 22, 2025

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What is the legal status of right to vote?

For Preliminary Examination:  Current events of national and international significance

For Mains Examination:  GS II - Polity - Representation of Peoples Act 1951

Context:

The Supreme Court is hearing cases filed against the Special Intensive Revision (SIR) of electoral rolls in Bihar. One of the questions that has arisen during this debate has been the legal status of the ‘right to vote.’

Read about:

Representation of Peoples Act 1951

Special Intensive Revision (SIR) 

Key takeaways:

Understanding Different Categories of Rights

• Before examining the nature of the 'right to vote' in India, it's important to first understand the various types of rights that exist.
• Natural rights are those that are inherent to human beings by virtue of their existence. These include rights such as the right to life and personal liberty. While Indian courts may recognize that certain natural rights are reflected within the framework of fundamental rights, they are not independently enforceable.
• Fundamental rights, listed in Part III of the Indian Constitution, are designed to uphold principles like liberty and equality, as highlighted in the Preamble. The state is restricted from enacting laws that infringe upon these rights. Citizens can directly approach the Supreme Court for enforcement under Article 32.
• Constitutional rights refer to rights that are embedded within the Constitution but fall outside Part III. These include the right to property, freedom of trade, and protection from unauthorized taxation.
• Such rights are upheld through laws enacted by the Union or State governments in alignment with constitutional directives. They are enforceable through High Courts under Article 226 or as per the relevant statutory procedures.
• Statutory or legal rights are those granted by ordinary legislation passed by Parliament or state legislatures. For example, the right to employment under MGNREGA, the rights of tribal communities under the Forest Rights Act, and the right to subsidized food under the National Food Security Act fall into this category. These rights are enforceable through mechanisms provided in the respective laws

The Constitution and Universal Adult Franchise

• Article 326 of the Indian Constitution enshrines the principle of universal adult suffrage. It ensures that all citizens who are 18 years or older and meet other eligibility criteria specified by law have the right to vote. Disqualifications, if any, must be based on constitutional or statutory provisions.
• To operationalize this, Parliament has passed the Representation of the People Act, 1950, and the Representation of the People Act, 1951. According to Se