“The need to safeguard the right to vote”
Context: Supreme Court on Electoral Roll Revision in Bihar
On July 10, 2025, the Supreme Court directed the Election Commission (EC) to accept Aadhaar, voter ID, and ration cards for the Special Intensive Revision (SIR) of electoral rolls in Bihar. It stressed that the right to vote is central to the functioning of India’s republic and deserves protection.
Universal Adult Suffrage: India’s Bold Democratic Choice
- India adopted universal adult suffrage (UAS) from the very beginning, unlike many Western democracies that gradually extended voting rights.
- Article 326 of the Constitution grants voting rights to all citizens aged 18+ (after the 61st Amendment, 1989), regardless of gender, caste, class, religion, education, or property.
- This democratic foundation is supported by:
- Representation of the People Act (RPA), 1950 – for preparing electoral rolls.
- RPA, 1951 – for regulating elections and candidature.
Is the Right to Vote a Fundamental Right?
- Not a Fundamental Right: The Supreme Court in Kuldip Nayar v. Union of India (2006) held that the right to vote is a statutory right under Section 62 of RPA, 1951.
- Conflicting Opinions:
- Rajbala v. State of Haryana (2016) termed it a constitutional right.
- Justice Ajay Rastogi (2023) dissented, linking voting to Article 19(1)(a) and Article 21, but this remains a minority opinion.
- Despite its legal status, courts recognize voting as a democratic imperative, essential for representative governance.
Why Electoral Roll Accuracy Matters?
- The “one person, one vote” principle relies on accurate rolls.
- Errors such as:
- Mass omissions
- Duplicate or ineligible names
- Incorrect entries
…can cause disenfranchisement or vote dilution.
- The EC’s authority under Section 21 of RPA, 1950 allows it to revise rolls.
- However, only systemic errors that materially affect outcomes can invalidate elections.
🔍 SC’s intervention ensures inclusion without compromising integrity.
Who Is an “Ordinary Resident”?
- Section 19 of RPA, 1950: A citizen 18+ years, who is an “ordinarily resident” and not disqualified, can vote.
- Ordinary residence implies:
- Genuine, continuous stay
- Not merely temporary or casual
- Example: A student in a hostel may not qualify if they intend to return elsewhere.
- Case law: Manmohan Singh (1991) clarified that habitual, not nominal, residence determines eligibility.
Voting Beyond Booths: Postal Ballots and NRIs
- Rule 18, Conduct of Election Rules, 1961:
- Postal ballots for:
- Armed forces
- Paramilitary
- Government staff abroad
- Voters on election duty
- Section 20A, RPA, 1950: NRIs can register but must vote in person (no postal/proxy voting).
- Postal ballots for:
Citizenship and the Voter List: Due Process Essential
- The Bihar SIR raised concerns over citizenship verification and possible disenfranchisement.
- Lal Babu Hussein v. ERO (1995):
- SC struck down EC circulars that shifted the burden of proof of citizenship to individuals.
- Held that past rolls, quasi-judicial procedures, and natural justice must guide deletion.
- Rahim Ali (2024) reaffirmed that vague suspicions cannot justify voter exclusion.
⚖️ Due process, not discretion, must govern roll revision.
Balancing Vigilance with Inclusion
- Voter inclusion and roll purification are not mutually exclusive.
- Political parties, under the principle in Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985), must assist in ensuring both inclusion of eligible and exclusion of ineligible
- The SC’s July 10 suggestion to expand acceptable ID documents is a pragmatic balance between security and accessibility.
Conclusion: Protecting the Right to Elect
India’s democracy rests on:
- Accurate, inclusive, and accessible electoral rolls
- Active citizen participation
- Vigilant institutions
- Transparent legal safeguards
“The right to vote may not be fundamental, but it is foundational.”
As the SC resumes hearing on July 28, the focus must remain on empowering voters, ensuring procedural fairness, and preserving trust in electoral democracy.
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