Congress Demands Fundamental Right to Vote in India

The Indian National Congress has made a robust and renewed call for the right to vote to be recognized as a fundamental right within the country's Constitution. This significant political pitch, articulated by Congress General Secretary Jairam Ramesh, aims to fortify India's democratic framework by providing enhanced judicial protection against what the party describes as widespread voter suppression and arbitrary disqualifications. The demand gained fresh impetus following a recent Supreme Court verdict that declared the right to walk on a demarcated footpath as a fundamental right. Drawing a parallel, Ramesh argued that if a right as specific as walking on a footpath can be deemed fundamental, then the right to vote, which is paramount to the functioning of democracy, should undeniably hold a similar, if not higher, constitutional status. The Congress party's primary motivation stems from its allegations of "blatantly partisan functioning" by the Election Commission of India (ECI) and concerns over the "astronomical numbers" of voter disqualifications and deletions observed under the Special Intensive Revision (SIR) process in various states. By elevating the right to vote to a fundamental right, the party believes it would subject electoral processes to the highest level of judicial scrutiny and protection, thereby safeguarding it from potential governmental or institutional interference. Currently, in India, the right to vote is considered a constitutional or statutory right, primarily governed by Article 326 of the Constitution and the Representation of the People Act, 1951. Article 326 ensures universal adult suffrage for all citizens above 18 years of age, unless disqualified on specific grounds. However, its classification as a non-fundamental right means it does not enjoy the same level of direct enforceability or protection from legislative curtailment as rights listed in Part III of the Constitution (Fundamental Rights). This debate is not new; it has historical roots tracing back to the Constituent Assembly debates. Leaders like Dr. B.R. Ambedkar and Babu Jagjivan Ram had reportedly advocated for the inclusion of the right to vote as a fundamental right, foreseeing potential attempts to disenfranchise voters in the future. However, other prominent figures like Sardar Patel and C. Rajagopalachari had expressed reservations, partly due to concerns that such a move might deter princely states from joining the Indian Union at the time. Judicial pronouncements on the nature of the right to vote have varied over time. While the Supreme Court has often reiterated its status as a constitutional or statutory right, it has also acknowledged its foundational importance to democracy. Notably, in a dissenting opinion in the March 2023 *Anoop Baranwal vs Union of India* judgment, Justice Ajay Rastogi contended that the right to vote is indeed a fundamental right. Furthermore, the Supreme Court has already recognized several associated rights, such as the right of voters to know the criminal antecedents and financial interests of candidates, the protection of ballot secrecy, and the right to reject all candidates through 'None Of The Above' (NOTA), as fundamental. Congress argues that it is anomalous for these 'surrounding' rights to be fundamental while the core right to vote itself remains merely statutory. Making the right to vote fundamental would essentially mean that any law or action that curtails or impedes this right could be challenged directly in the Supreme Court or High Courts under Article 32 or Article 226, respectively, leading to faster and more direct judicial redressal. This would ensure greater judicial vigilance over electoral processes and the conduct of the Election Commission, reinforcing public trust in the democratic system. The call by Congress highlights a critical ongoing constitutional discussion in India, emphasizing the need to strengthen democratic safeguards in the face of evolving political and electoral challenges. It underscores the party's commitment to protecting the integrity of the electoral process and ensuring fair and free participation for all eligible citizens.

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