Right to Vote – A Fundamental Right

​Right to Vote forms an essential aspect of citizenship in democratic societies. It grants individuals the opportunity to participate in the democratic process and have a say in their government. The right represents the fundamental democratic principles of equality, representation, and responsibility. India celebrated its 13^th National Day on 25^th January 2023 with the theme “Nothing Like Voting, I Vote for Sure”.

In this article, we’ll learn more about this fundamental right termed as Right to Vote, their legal framework, how it applies to Indian citizens, and many more.

Right to Vote – Fundamental Right

Right to Vote in India is guaranteed to all adult citizens by the Constitution of India under Article 326. Article 326 of the Constitution states that “the elections to the House of the People and to the Legislative Assemblies of States shall be on the basis of adult suffrage“, that is, every citizen who is 18 years of age or older has the right to participate in the democratic process by casting their vote in elections.

The Election Commission of India conducts the elections to ensure they are free, fair, and transparent, upholding the principles of democracy. Voting in India is considered not just a right but a fundamental duty, as it plays an important role in shaping the nation’s policies and decisions.

History of Right to Vote in India

The history of voting rights in India is characterized by social and political progress. During British rule, voting rights were limited and largely granted to a privileged few. After Independence, the Indian Constitution (1950) granted universal adult suffrage, ensuring that all citizens were above the age of 18 years, regardless of their religion, caste, or gender, had the right to vote.

Since the first general elections in 1951-1952 (more than 170 million Indians exercised their right to vote), India has held regular elections, upholding the principles of free and fair elections and ensuring that the right to vote remains a fundamental pillar of its democratic structure.

Legal Framework and Protection of Voting Rights

Voting rights in India are protected through a comprehensive set of laws and regulations. Some of the provisions include:

• Constitutional Provisions: Article326 grants the “Right to Vote” as a fundamental right to all citizens above the age of 18 years, and Article 324 provides for the establishment of the Election Commission of India for conducting free and fair elections.
• Representation of People Act (RPA): The Representation of People Act 1951, and its amendments lay down the criteria for the qualifications and disqualifications for being a voter and a candidate for elections. It also contains a provision regarding electoral rolls, electoral offenses, and delimitation of the constituencies
• Election Commission: Election Commission performs the following functions:
  • It prepares and maintains the electoral rolls that contain the names of eligible voters in each constituency and updates them regularly.
  • It superintends, directs, and controls the entire electoral process in a transparent manner.
  • Valid identification documents for voting are prescribed by the Election Commission.

• Right to Secret Ballot: Voters can cast their vote in privacy without any force or influence.
• Electronic Voting Machines (EVMs): The EVM ensures the voting process is efficient, transparent, and tamper-proof.
• Electoral Offences: The law prescribes penalties for those who violate the electoral process, such as booth capturing, bribing voters, or electoral malpractices.
• Judicial Review: In case of disputes or violations related to the electoral process, individuals can seek legal recourse through the judiciary, which acts as a safeguard to protect voting rights and the integrity of the electoral system.
• Criminal Disqualifications: Subject to certain conditions, the law disqualifies individuals convicted of certain offenses from contesting elections or being voters.

Non-Resident Indian and Prisoners – Right to Vote in India

Right to Vote is extended to Non-Resident Indians (NRIs) and prisoners in India under certain conditions:

• Non-Resident Indians (NRIs): NRI is an Indian citizen residing outside India for a specific period.
  • NRIs who are Indian citizens and hold valid Indian passports are eligible to be registered as voters.
  • The Representation of the People Act 1950 was amended in 2010 to allow NRIs to register as “Overseas Electors.”
  • Overseas Electors can vote in the elections to the Lok Sabha (Lower House of Parliament) but not in the elections to the Rajya Sabha (Upper House) or state legislative assemblies.
  • An NRI has the right to vote in the constituency of their place of residence, as mentioned in the passport.
  • An NRI needs to be physically present at the time of voting and needs to show their passport original at the polling station to establish identity.
  • The Election Commission, in 2020, proposed to the government that NRIs should get Right to Vote in India, through postal ballots. The matter has been under consideration by the government.

• Prisoners: The Representation of the People Act 1950, disqualifies under trials prisoners and individuals who are sentenced to more than two years in prison to cast their vote, despite their names being on the electoral rolls. The only exception is for prisoners under preventive detention, who can cast their vote through postal ballots.

Voters Participation and Challenge

The various challenges and factors affecting voter participation are as follows:

• Lack of interest or motivation among some citizens to participate in the electoral process, as they are influenced by a perception that votes do not make a significant difference.
• Remote or difficult-to-access regions may present challenges for voters, particularly for people living in rural and hilly areas.
• Lack of education or awareness about the importance of voting can affect voter turnout.
• Incomplete or inaccurate voter registration data can lead to eligible voters being excluded from the electoral rolls.
• Discrimination or societal pressure, especially on the female gender, can impact voter participation.

These challenges requires efforts to be made by both the government and civil society. Various steps can be taken, like voter awareness through campaigns, simplifying voter registration procedures, improving accessibility to centres in the hilly and rural areas, and targeted outreach to underrepresented groups and marginalized communities.

Importance of Voting

Voting is a fundamental pillar of democracy, that ensures that the government remains responsive, representative, and accountable to the people. The voting process represents democracy’s famous saying, “government of the people, by the people, and for the people“. By casting their ballots, citizens express their political will and actively participate in the democratic process.

Regular elections enabled by voting enable the peaceful transition of power, ensuring stability and continuity in governance. High voter turnout strengthens the legitimacy of the democratic process, ensuring that the government is truly representative of the people’s will. The voter turnout for the Lok Sabha poll (2019) reached a record high of approximately 67.11% across 542 constituencies.

Recent Reforms in Voting

In recent years, India has witnessed several reforms in the voting process to improve the efficiency, accessibility, and transparency of elections. Various reforms are as follows:

• Postal ballot facilities were extended to senior citizens above 80 years of age and persons with disabilities (PwDs) that allow them to vote from home.
• NOTA (None of the Above) was introduced that allows voters not to choose any candidate if they find them unsuitable.
• The Election Commission of India launched an online portal to allow citizens to register as voters and update their information conveniently.
• VVPAT machines were introduced, that provide a printed verification of the vote cast by the voter. This increases the confidence of the voter in the election process.
• Voter education campaigns were started to raise awareness about voting rights and the electoral process. 13^th National Voters’ Day on 25^th January 2023 was celebrated by the election commission.
• To decriminalise the election, the election commission asks the candidates to declare their criminal records.
• Recent Supreme Court ruling that voting to based on informed choice, that is right to be informed fully about the candidates’ backgrounds.

Despite significant progress, various challenges persist in the electoral process, like financing elections, the misuse of social media for propaganda, proxy voting issues for non-resident Indians, and entry of criminals into politics are some of the key concerns. To reinforce Indian democracy, all political parties, civil society, and other stakeholders should actively participate in electoral reform efforts.

Suggestions for Reaffirming Right to Vote

Some of the suggestions for reaffirming the Right to Vote as a fundamental right in a democratic society are:

• Include the Right to Vote explicitly as a fundamental right in the Constitution.
• Improve accessibility to polling stations for citizens with disabilities or living in remote areas.
• Increase transparency and accountability in political funding to reduce the influence of money in elections.
• Work towards online voting systems to make voting more convenient for citizens, including NRIs and those living abroad.
• Raise awareness about the importance of voting, electoral procedures, and the impact of individual votes on the governance of the system through various campaigns.
• Expand postal ballot facilities to all eligible citizens, not just specific groups, to increase convenience and voter participation.

FAQs – Right to Vote

1. What does “Right to Vote” means?

Under Article 326 of the Indian Constitution, every individual above 18 years of age has the right to vote for their favourite parties in the elections, which referred as a democratic process.

2. Is there any specific groups only allowed for casting votes?

No, there is no such restriction for any group. Indian Constitution treats all people at equal level, and everyone have the same voting rights in India.

3. When is National Voter’s Day celebrated?

Election Commission of India (ECI) celebrates the National Voter’s Day every year on 25th January 2023.