Why in the News?
- The Supreme Court observed that voting is not only a constitutional right but also a sentimental right, while hearing petitions related to Special Intensive Revision (SIR) of West Bengal electoral rolls.
Key Observations by the Supreme Court
- The right to vote is:
- Constitutional in nature
- Symbol of nationality and patriotism
- Core element of participatory democracy
- Justice Joymalya Bagchi noted:
- Exclusion of voters must follow fair process
- Due process rights of voters must be protected
What is a “Sentimental Right”?
A sentimental right is not a legal category in the Constitution.
It is a moral, emotional, and symbolic importance attached to a right.
When the Supreme Court said voting is a sentimental right, it meant:
- Voting reflects citizenship identity
- It creates a sense of belonging to the nation
- It represents participation in democracy
- It evokes patriotism and national pride
- So, even though Right to Vote is legally a statutory right, it has deep emotional and democratic significance.
| [2017] Right to vote and to be elected in India is a: (a) Fundamental Right (b) Natural Right (c) Constitutional Right (d) Legal Right |
