Paradoxical That Right To Vote Isn't A Fundamental Right Though Democracy Is An Essential Feature Of Constitution : Supreme Court

It is a paradox that the right to vote is not a fundamental right, though democracy has been held to be one of the basic features of Constitution, said the Supreme Court in a recent judgment. The Court noted that right to vote has been termed as a "mere" statutory right.

"Democracy has been held to be a part of one of the essential features of the Constitution. Yet, somewhat paradoxically, the right to vote has not been recognized as a Fundamental Right yet; it was termed as a “mere” statutory right", observed a bench comprising Justices S Ravindra Bhat and Aravind Kumar.

The bench made this observation in the case Bhim Rao Baswanth Rao Patil V. K. Madan Mohan Rao & Ors, which was an appeal challenging the refusal of the Telangana High Court to reject an election petition at the threshold.

In the judgment, the bench also made significant observations regarding the right of a voter to know the full background of a voter (detailed report on that aspect can be read here).

“The elector or voter’s right to know about the full background of a candidate- evolved through court decisions- is an added dimension to the rich tapestry of our constitutional jurisprudence”, the Apex Court observed.

"The right to vote, based on an informed choice, is a crucial component of the essence of democracy. This right is precious and was the result of a long and arduous fight for freedom, for Swaraj, where the citizen has an inalienable right to exercise her or his right to franchise. This finds articulation in Article 326 of the Constitution which enacts that “every person who is a citizen of India and who is not less than twenty one years of age on such date as may be fixed and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election”, the Court added.

It may be recalled that in the recent case relating to the appointment of Election Commissioners, a Constitution Bench of the Supreme Court by 4:1 majority held that right to vote is a Constitutional right. However, Justice Ajay Rastogi dissented to observe that right to vote is a part of fundamental rights.

Case Title: Bhim Rao Baswanth Rao Patil V. K. Madan Mohan Rao & Ors, Special Leave Petition (C) No. 6614 Of 2023