Tracing a meaningful right to vote.

Manmeet Singh Rai Mr.

Abstract

Right to vote is sine qua non to a democratic society. The Indian judiciary time and again has emphasized the importance of free and fair elections. The legislature enacted and amended many laws to safeguard, and ensure that the process of elections is free and fair. In this turmoil of safeguarding the most essential and sacred process in a democracy the basic question of whether the citizens have a ‘right to vote’? was never answered. When this question was posed for the first time before the apex court, a mammoth task of interpretation of the constitution, and various legislative texts was undertaken, which is still sub judis before the apex court.

The present article reflects upon the political scenario of India after independence, and then looks into the role of the Supreme Court in tackling the complex issues of election law. While dealing with the newly emerging problems of corruption, muscle power, and criminalization of politics the Supreme Court was forced to answer the question whether the citizens of India have a right to vote? and if they do where do they derive the right from? A reflection from international documents, the Constitution, and the prior judgments suggest that the answer to the question should be in affirmative, and the right being nothing short of a constitutional right. The previous interpretations being based upon the British Judgments, and jurisprudence, which the English Courts themselves have done away with, there is no reason why the right to vote should not be regarded as a constitutional right without which democracy cannot be achieved to its fullest amplitude.