Voting Rights And Governance.
Voting Rights and Governance in India
Voting rights are a cornerstone of democratic governance. In India, they are guaranteed under the Constitution, and various laws and judicial interpretations have shaped how citizens exercise these rights.
1. Constitutional Basis
The right to vote is primarily derived from the following provisions:
Article 326 – Grants universal adult suffrage for elections to the Lok Sabha and State Legislative Assemblies. Every citizen above 18 years, who is otherwise eligible, can vote.
Article 324 – Empowers the Election Commission of India to supervise, direct, and control elections.
Articles 19 and 21 – Though not explicitly about voting, these guarantee freedom of speech and right to life and personal liberty, which support the broader democratic process.
Voting rights are not considered fundamental rights under Part III of the Constitution, but they are essential for the functioning of a democratic government. The Supreme Court has held that voting is a constitutional right, and any arbitrary deprivation of it is unconstitutional.
2. Key Principles of Voting Rights
Universal Adult Franchise: All citizens above 18 can vote, regardless of caste, religion, gender, or economic status.
Equality of Votes: Each vote carries equal weight; no discrimination in counting.
Free and Fair Elections: Elections must be conducted without coercion, intimidation, or corruption.
Representation: Voting ensures citizens elect representatives responsible for governance.
3. Governance and Voting Rights
Voting is the foundation of representative governance. It allows citizens to:
Choose lawmakers and government.
Hold elected officials accountable.
Influence policies through democratic participation.
Governance in a democracy is thus legitimized by voting rights.
4. Landmark Case Laws on Voting Rights
Here are six important Supreme Court judgments that have shaped voting rights and governance in India:
1. Kesavananda Bharati v. State of Kerala (1973)
Significance: Introduced the Basic Structure Doctrine.
Relevance to voting: Established that democracy and the rule of law are part of the Constitution’s basic structure. Voting rights are essential to maintain this democratic framework.
Impact: Parliament cannot amend the Constitution in a way that destroys democracy, including undermining voting rights.
2. Indra Sawhney v. Union of India (1992)
Significance: Mandal Commission case on reservation.
Relevance to voting: Ensured that voting and political participation of backward classes are not undermined. Affirmed political representation as a part of equality in democracy.
3. People's Union for Civil Liberties (PUCL) v. Union of India (2003)
Facts: Challenge against improper voter registration practices.
Significance: SC emphasized the right to free and fair elections as part of democracy.
Impact: Strengthened safeguards against arbitrary denial of voting rights.
4. Union of India v. Association for Democratic Reforms (2002)
Significance: Introduced transparency in elections.
Relevance: Candidates must declare criminal records, assets, and liabilities before elections.
Impact: Voting rights are meaningful only if voters have information to make informed choices.
5. Lily Thomas v. Union of India (2013)
Facts: Dealt with disqualification of convicted legislators.
Significance: Court held that convicted individuals cannot contest elections.
Impact: Protected the integrity of governance and indirectly strengthened voters’ right to fair representation.
6. Rajbala v. State of Haryana (2016)
Facts: Challenge to state law raising minimum age of contesting local elections.
Significance: SC upheld the state’s power to regulate eligibility, balancing governance and electoral rights.
Impact: Affirmed that voting rights are part of constitutional democracy but can be regulated reasonably.
5. Issues in Voting Rights and Governance
Disenfranchisement: Certain groups (convicted persons, non-resident citizens) may be excluded.
Electoral Malpractices: Vote-buying, coercion, or manipulation undermines governance.
Transparency: Lack of information on candidates weakens meaningful participation.
Voter Apathy: Low participation affects representative governance.
6. Reforms and Measures
Electronic Voting Machines (EVMs) – Increased efficiency and reduced malpractices.
Right to Information (RTI) – Ensures transparency in political funding.
Voter Awareness Programs – Educates citizens about their rights and responsibilities.
Mandatory Disclosure – Assets, criminal cases, etc., by candidates.
Conclusion
Voting rights in India are fundamental to maintaining democracy and good governance. While not classified as a fundamental right, the judiciary has repeatedly emphasized their importance. The Supreme Court has played a pivotal role in ensuring these rights are protected and that governance remains accountable, transparent, and representative.
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