In India, voting cannot remain merely a statutory right
The article examines the legal debate in India regarding whether the right to vote should be elevated from a statutory right to a fundamental right. It traces the history of Supreme Court rulings that have consistently categorized voting as a statutory creation of Parliament.
Why it matters
The classification of voting rights impacts the scope of judicial review and the constitutional protection of democratic participation in India.
Recently, a Congress leader revived an old constitutional debate by demanding that voting should be recognised as a fundamental right. At first sight, the demand appears unexceptionable. In a democracy, what could be more fundamental than a citizen’s right to choose those who govern? Yet, for more than seven decades, the Supreme Court of India has consistently held that the right to vote is not a fundamental right but merely a statutory right.
The article presents a balanced legal analysis of constitutional jurisprudence without taking a partisan stance.
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