Why in the News?

The ongoing Supreme Court hearings on the Special Intensive Revision (SIR) of electoral rolls in Bihar have reignited discussions on the legal status of the ‘right to vote’ in India.

About Right to Vote in India:

Overview: It is also known as suffrage, allows citizens to elect their representatives in democratic institutions.
Constitutional Basis: Guaranteed under Article 326 of the Constitution of India, which provides for universal adult franchise.
Eligibility: Every citizen of India aged 18 and above is entitled to vote, unless disqualified by law.
Supervision: Organised and overseen by the Election Commission of India.
Supporting Laws:
- Representation of the People Act, 1950: Defines voter eligibility and grounds for disqualification.
- Representation of the People Act, 1951: Governs the procedures for conducting elections.

N.P. Ponnuswami v. Returning Officer (1952): Declared the Right to Vote as a statutory right.
Jyoti Basu v. Debi Ghosal (1982): Reiterated that the Right to Vote is neither a fundamental right nor a common law right.
People’s Union for Civil Liberties v. Union of India (2003): Recognised the Right to Vote as at least a constitutional right.
Kuldip Nayar v. Union of India (2006): Held that the Right to Vote continues to be a statutory right.
Raj Bala v. State of Haryana (2015): Recognised the Right to Vote as a constitutional right.
Anoop Baranwal v. Union of India (2023):
- Majority View: Right to Vote is a statutory right.
- Dissenting Opinion by Justice Ajay Rastogi:
  - Linked the Right to Vote with the freedom of speech and expression under Article 19(1)(a).
  - Considered it essential to free and fair elections and thus part of the basic structure of the Constitution.

Nature: It is legally a statutory right.
Constitutional Context: It is shaped by constitutional provisions but does not hold the status of a fundamental right.

	Description	Enforceability
*Natural Rights*	Inherent and inalienable rights (e.g., life, liberty); not directly enforceable unless linked to fundamental rights.	Indirectly through Fundamental Rights
*Fundamental Rights*	Guaranteed under Part III of the Constitution (e.g., right to equality, speech, life).	Enforceable in Supreme Court under Article 32
*Constitutional Rights*	Rights given in the Constitution but outside Part III (e.g., property, trade).	Enforceable under Article 226 via High Courts
*Statutory Rights*	Granted by ordinary laws (e.g., MGNREGA, Forest Rights Act, Food Security Act).	Enforceable as per respective legislations

[UPSC 2017] Right to vote and to be elected in India is a:

Options: (a) Fundamental Right (b) Natural Right (c) Constitutional Right* (d) Legal Right