INVESTIGATING ELECTORAL INTEGRITY-RIGHT TO VOTE

 

AUTHORED BY - PAYAL GHOSH

 

 

ABSTRACT

To attain democracy was not an easy task for a country like Indian during post-independence era when country was in a vulnerable stage, it took many years to grant all citizens the right to vote and participate in the electoral process. Therefore, this paper significantly focuses on the aspects of right to vote how it has evolved from the colonial period to post independence era. It highlights about the role played by the judiciary to interpret the statues related to right to vote. The paper sets a focus on how initially the privileged groups were preferred over the minorities, however, there has been changes and certain alterations made which is reflected through this paper. This paper mainly investigates the integrity of electoral processes by examining issues such as voter suppression, electoral fraud, gerrymandering, campaign finance regulations, and the role of electoral management bodies in ensuring free and fair elections.

 

Keywords- Right to vote, Independence, judiciary, age, electoral process.

 

1. INTRODUCTION

Democracy plays a significant role for the development of a country. Democracy stands as a universal principle within the United Nations, enshrined in its charter, which is declared on behalf of the peoples of the organisation. The Universal Declaration of Human Rights underscores the centrality of the people’s will in governmental authority.

 

It stands on the pillars of respect for human rights and basic freedoms, alongside the principle of conducting regular and authentic elections. Democracy is a wider concept, and it took many years for many advance countries to adapt the notion countries like Switzerland women’s are denied voting rights till 1973. The struggle for right to vote for women started in united states and it took fifty years to process, initially occurring in different states and local jurisdiction, often with restrictions, before being established nationally in 1920.

 

After India gained independence, the Constituent Assembly, elected in 1947, had a mere 15% female representation. Subsequently, in1947, Parliament adopted the principle of universal adult franchise. This principle guarantees every individual, irrespective of gender, caste, creed, race, or religion, the right to vote, with each vote holding equal significance. Universal Adult Franchise stands as a cornerstone of our democracy and continues to be upheld today.[1]

 

The right to vote is not just a fundamental entitlement but also a vital constitutional privilege granted to the citizens of our country. This right empowers citizens to elect their representatives at various levels of government, from local panchayats to the highest office of the Prime Minister. However, despite legal provisions ensuring universal adult suffrage, challenges persist in ensuring the effective exercise of this right. Socio-economic disparities, illiteracy, voter intimidation, and electoral malpractices often hinder the full realization of this right for marginalized communities. Additionally, debates surrounding electronic voting machines (EVMs) and the transparency of the electoral process continue to shape public discourse. Efforts to enhance voter education, increase awareness of voting rights, and promote inclusivity in the electoral process are ongoing.

 

Furthermore, the right to vote is not merely a legal entitlement but also a tool for social change and political empowerment. It provides citizens with a platform to hold their elected representatives accountable and advocate for their interests, thereby strengthening the democratic fabric of India.

 

In the case of Kunhayammed vs State of Kerala (2000),[2] the Supreme Court addressed the disqualification of elected representatives and the right to vote. The court emphasized that the right to vote is protected by the constitution and any law restricting this right must be reasonable, avoiding arbitrariness or excessive measures.

 

In the case of Mohan Lal Vs. District Magistrate, Rai Bareilly[3], the Supreme Court noted that democracy is not merely a system of governance but rather a multifaceted concept and political philosophy. It is an ideal embraced by culturally advanced and politically mature nations, who opt for governance through representatives chosen directly or indirectly by the people.

 

LITERATURE REVIEW

SHRIDEVI J. DARABAR, Ph. D. Research Scholar, P. G. Department of Studies in Law, Karnataka University, Dharwad, India. Right to vote and citizens participation in politics. Pages Referred 1 to 3. In this article the author has highlighted the importance of democracy which is an essence of a independent and democratic country. In a democratic country people elect their own representative citizens participation plays a pivotal role. Here, author has given the brief about how democracy works in a country like India, and people role in the political system. Additionally, it delves into the origin and evolution of the right to vote both internationally and nationally, while examining the introduction and implications of concepts like “None of the Above”(Nota) in the electoral process, highlighting their relevance to citizen participation in politics.

 

Muskan Mittal and Dr. Ramesh Kumar, CONSTITUTIONAL PERSPECTIVE OF ‘RIGHT TO VOTE’ IN INDIA: A CRITICAL STUDY. Pages Referred 1 to 3- The research article explores the significance of the right to vote as a fundamental aspect of democracy in India. It emphasizes that the right to vote is both a legal and human right ,serving as a crucial mechanism for electing representatives in the country. The article discusses various judgements delivered by the Indian judiciary aimed at preventing the abuse of this right. However, it acknowledges that despite these efforts, several controversial issues persist, particularly in certain exceptional cases. The central focus of the article is on examining the constitutional perspective of the right to vote in India, shedding light on its legal framework and implications within the democratic system.

 

Saurabh Bhattacharjee, The ‘Fundamentals’ of the Right to Vote and its Constitutional Status (2005) 1 NSLR 39- The article underscores the importance of the right to vote in international law and Indian constitutional jurisprudence. It points out that despite its significance, the historical and legal foundations of this right are often overlooked. The article cautions against complacency, emphasizing that the precise status of this right profoundly affects a nation's political future. Overall, it calls for increased awareness and protection of the right to vote on both domestic and international levels.

 

 

RESEARCH GAP

Understanding the electoral process and the issues of the same which no previous studies has touched on. Also, at the same time analysing the constitutional and legal provisions considering the judicial review on right to vote.

 

RESEARCH OBJECTIVE

Here are some possible research objectives for a study on the right to vote:

1. Examine Historical Evolution: Investigate the historical development of suffrage rights in a particular country or region, exploring the milestones, legislation, and social movements that have shaped the right to vote over time.
2. Assess Legal Frameworks: Evaluate the legal framework governing the right to vote in a specific jurisdiction, including constitutional provisions, electoral laws, and regulations related to voter registration, eligibility, and participation.
3. Explore Marginalized Groups: Focus on the voting rights of marginalized or disenfranchised populations, such as minorities, indigenous peoples, migrants, refugees, persons with disabilities, and incarcerated individuals, assessing their access to the electoral process and barriers to full participation.

 

RESEARCH QUESTION

• Whether right to vote is a fundamental right or constitutional right?
• What are the perceptions and attitudes of Indian citizens towards the electoral system, voting rights, and the role of government institutions in ensuring free and fair elections?

 

METHODOLOGY

The research paper employs a doctrinal research approach, predominantly relying on secondary sources as its foundation. These secondary sources include online websites, research papers, books, pertaining to the constitution of India, reports from reputable authorities, newspapers, and legal databases. Collectively, these sources facilitate the examination and comprehension of various legal cases.

 

1. HISTORICAL DEVELOPMENT

The history of the right to vote in India is a fascinating journey marked by significant milestones and reforms. Under British India right to vote was only subjective to certain classes of people based on property ownership, income, gender, and race. The Indian Councils Act of 1909, commonly referred to as the Morley-Minto Reforms, heralded a significant development in British India's political landscape by instituting a form of elective representation. However, it's crucial to note that the scope of this representation was severely limited, rendering only a fractional segment of the population eligible to participate in the electoral process. Thus, while the Morley-Minto Reforms represented a step towards political liberalization, they fell short of achieving genuine inclusivity and equitable representation for the diverse populace of British India.

 

The Government of India Act 1919 expanded the electorate slightly, allowing a larger portion of the Indian population to vote in local and provincial elections. However, the franchise remained limited and non-universal. Later on, British colonial government came up with Government of India Act, 1935, This act introduced a significant expansion of the franchise, allowing a greater number of Indians to participate in elections at the provincial level. However, voting rights were still based on property ownership, education, and gender.

 

After gaining independence from British rule in 1947, India adopted a democratic system of governance. The Constitution of India, effective from January 26, 1950, established universal adult suffrage, granting every citizen aged 18 and above the right to vote in elections for the Lok Sabha and Vidhan Sabhas, regardless of gender, caste, religion, or socio-economic status. Various amendments to the Constitution and electoral laws have expanded and safeguarded this right over time. The 61st Amendment Act of 1988 reduced the voting age from 21 to 18 to align with the age of majority. The Representation of the People Act, 1950, and subsequent amendments have established rules for conducting elections and ensuring electoral integrity. Elections are held regularly at the national, state, and local levels, overseen by the independent Election Commission of India. The voting process employs a secret ballot system, aiming for free, fair, and transparent elections, although challenges like electoral violence and bribery may arise in certain areas.

 

Overall, the history of the right to vote in India reflects the country's journey from colonial rule to democracy and the commitment to ensuring universal suffrage as a fundamental right of citizenship.

 

 

Significance

The right to vote stands as democracy's cornerstone, embodying the core principle of self-governance. Its significance lies in its representation of individual liberty and collective decision-making within a community. At its essence, this right empowers citizens to actively shape their government and steer their nation's future. Through voting, individuals not only express their political preferences but also contribute to the formation of representative institutions that mirror the diverse voices and interests of society. Additionally, voting promotes accountability among elected officials, who are tasked with governing in line with the people's will. Furthermore, it serves as a peaceful avenue for social change, enabling citizens to advocate for their rights and promote shared values. Ultimately, the right to vote ensures the legitimacy and stability of democracy while embodying principles like equality, civic engagement, and participatory governance, all crucial for fostering a thriving and inclusive society. The electoral process in India is governed by the Election Commission of India (ECI), an autonomous constitutional authority tasked with conducting free and fair elections. The ECI oversees voter registration, candidate nomination, polling, and counting processes, ensuring the integrity and credibility of the electoral system.Top of Form

 

Constitutional and Legal Provisions

In India, the right to vote is constitutionally guaranteed and supported by various legal provisions. Under Article 326[4] of the Constitution, elections to the Lok Sabha and State Legislative Assemblies are conducted based on adult suffrage, ensuring that every citizen aged 18 or above has the right to vote. The Representation of the People Act, 1950, and the Representation of the People Act, 1951, further detail the conduct of elections, including qualifications and disqualifications for membership, electoral roll preparation, and election procedures. The Election Commission of India, a constitutional body, oversees the electoral process to ensure fairness and integrity. Additionally, amendments to the Constitution, such as the 61st Amendment Act, 1988, have expanded the franchise by lowering the voting age to 18. Special provisions, including reserved seats for marginalized communities and accommodations for absentee and proxy voting, ensure broader participation in the electoral process. These constitutional and legal frameworks collectively safeguard the right to vote as a fundamental aspect of India's democratic governance.[5]

Article 21 of the Universal Declaration of Human Rights from 1948 establishes the entitlement of individuals to engage in governance and exercise universal adult suffrage. Article 25 of the International Covenant on Civil and Political Rights, ratified in 1966 (ICCPR), reaffirms the essence of Article 21 of the UDHR, but limits the application of this right to citizens.

 

• Statutory right

The absence of a basic or constitutional right to vote and participate in elections is a clear contradiction, especially when considering the principle of popular sovereignty. In the case of Jyoti Basu v. Debi Ghosal,[6] the Supreme Court acknowledged this inconsistency by stating that while the right to vote is crucial to democracy, it is neither a fundamental nor a common law right but solely a statutory right.

 

If the right to vote is considered solely as a product of legislation and subjected to statutory control, it risks being vulnerable to the whims of the legislature. If there's a chance that the electorate might favour a party other than the one in power, the legislature could manipulate the eligibility criteria for voting to influence the outcome in their favour.

 

The Supreme Court's claim that the right to vote is solely a creation of the Legislature, rather than an inherent or constitutional right, contradicts fundamental democratic principles and our constitutional values. The right to vote is highly valued in countries around the world and is implicitly granted greater importance than typical statutory rights in the Constitution of India. Articles 325 and 326 constrain the Legislature's ability to restrict voting rights, and if legislative interference becomes excessive, constitutional remedies are available through Article 226.

 

To achieve clarity and remove all doubts, it is recommended to establish a constitutionally protected right to vote. Clearly defining this right would dispel any confusion regarding its constitutional standing in India and shield it from arbitrary decisions made by a powerful legislative majority. Furthermore, ensuring constitutional safeguards for the right to vote would promote more accountable implementation and offer recourse for individuals consistently denied voting rights due to systemic flaws in electoral procedures.

 

1. JUDICIAL REVIEW ON RIGHT TO VOTE

 

In India, the judiciary plays a crucial role in interpreting and safeguarding the right to vote, considering it a fundamental aspect of democracy and citizenry. The judiciary's perspective on the right to vote is shaped by various constitutional provisions, statutes, and legal principles. Here are some key judicial views regarding the right to vote in India:

• Right to Equality[7] and Non-Discrimination: The Indian judiciary consistently affirms the right to vote as a fundamental aspect of the equality principle in the Constitution. It stresses that every citizen, irrespective of their background, holds an equal entitlement to engage in the electoral process free from discrimination.
• Free and Fair Elections: Courts have emphasized the importance of conducting free and fair elections to uphold the integrity of the democratic process. They have intervened to address issues such as electoral malpractices, corruption, and voter intimidation to ensure that elections reflect the genuine will of the people.
• Protection of Voting Rights: Indian courts have been proactive in protecting the voting rights of citizens. They have intervened to address challenges related to voter suppression, disenfranchisement, and electoral irregularities, ensuring that every eligible citizen can exercise their right to vote freely.
• Expansion of Voting Rights: Over the years, the judiciary has played a role in expanding the scope of voting rights in India. For example, the Supreme Court has interpreted the Constitution broadly to include various marginalized groups within the electoral process, such as prisoners, persons with disabilities, and transgender individuals.
• Judicial Activism: Indian courts have engaged in judicial activism to promote voter participation and strengthen electoral democracy. They have issued directives to election authorities to improve voter registration processes, enhance voter education initiatives, and facilitate greater transparency in elections.

 

Overall, the judiciary in India views the right to vote as sacrosanct and essential for upholding the principles of democracy, equality, and justice. Through its interventions and interpretations, the judiciary ensures that the electoral process remains robust, inclusive, and reflective of the will of the people.

Some of the relevant case laws are:

In the case of N.P. Ponnuswami vs. Returning Officer,[8] the Supreme Court, comprising a bench of six justices, faced complaints from election commissioners who declined to nominate applicants. The court acknowledged the extensive scope and significance of administrative powers related to elections vested in the Electoral Commission. Consequently, the court declined to interfere in the decision of the Electoral Commission and dismissed the appeal. The courts have established that when a right or duty is established by law with a specific remedy for its enforcement, the remedy prescribed by law must be pursued.[9]

 

In the case of Jagan Nath vs. Jaswant Singh,[10] the issue pertained to the filing of election petitions and the non-attendance of necessary parties. The challenge arose when the Electoral Court decided to rectify deficiencies in the defendant's application. The petitioners appealed to the Supreme Court, contending that the High Court's refusal to grant the order and petition was illegal, arguing that the court lacked general jurisdiction. The Supreme Court dismissed the complaint, reasoning that the deficiencies in the application were not substantial. It emphasized that electoral law operated under statutory provisions, not principles of common law or equity, and therefore, the court had no inherent common law powers to intervene.[11]

 

As society has undergone many changes over the past decades in numerous fields like education, banking, medicine, and other public concerns. Our electoral system has also undergone many changes as earlier ballot paper was there now it has changed to Electronic Voting Machines (EVMs) and embracing counting of votes in the age of digitalization and technology. However, beyond these advancements, there are several critical issues within the Indian voting system that demand analysis and attention.[12]

 

 

1. VISION OF MINISTRY OF INDIA

Ensuring the right to vote in India involves a multifaceted and continuous endeavour, incorporating various essential components. Firstly, constitutional safeguards enshrined in Articles 326 to 329 guarantee voting rights to all citizens. Secondly, India embraces universal adult suffrage, extending voting privileges to individuals above 18 years of age regardless of their background. Thirdly, electoral reforms, such as the adoption of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs), alongside the establishment of an impartial Election Commission, aim to enhance the integrity and inclusivity of elections. Moreover, inclusive registration drives target marginalized communities and Persons with Disabilities (PWDs) to ensure comprehensive voter enrolment. Additionally, measures like accessible polling stations equipped with ramps, braille enabled EVMs, and wheelchair accessibility, coupled with voter education programs, empower citizens with knowledge about their electoral rights and processes. Furthermore, a robust legal framework addresses electoral irregularities, providing avenues for redressal through the judiciary and election authorities. Lastly, civil society organizations actively engage in promoting voter awareness, monitoring elections, and advocating for reforms, collaborating with governmental bodies to uphold fair and transparent electoral practices. These collective efforts underscore India's steadfast commitment to safeguarding the right to vote as a cornerstone of its democratic ethos.

 

ELECTORAL PROCESS

Elections in India are carried out by procedure established by law. The following steps are mentioned below:

1. Issue of Notification: The electoral process begins with the issuance of notifications by the President for Lok Sabha elections and by Governors for State Assembly elections. Candidates have seven days to file their nomination papers, with scrutiny typically occurring the day after nominations close.
2. Nomination Filing: Candidates must submit their nomination papers along with a security deposit. They need to be proposed and seconded by at least two voters from the constituency and must fulfil certain eligibility criteria.
3. Security Deposit: Candidates must provide a security deposit at the time of nomination filing, which varies depending on the type of election and the candidate's category.
4. Inspection and Withdrawal: Nomination papers undergo scrutiny to ensure adherence to rules. Candidates have the option to withdraw their nominations within a specified period after scrutiny.
5. Campaigning: Candidates campaign to persuade voters to support them. The Election Commission regulates campaign activities, including setting limits on spending and providing free airtime on state-owned media.
6. Model Code of Conduct: The Model Code of Conduct outlines guidelines for political parties and candidates during the campaign period, prohibiting activities that could influence voters unfairly.
7. Scrutinizing of Charges: The Election Commission scrutinizes election expenses to ensure compliance with spending limits. Candidates must submit detailed accounts of their expenses within a specified timeframe.
8. Polling, Counting, and Declaration of Result: Voting takes place at polling booths supervised by election officials. Voters cast their ballots discreetly in designated enclosures to maintain the secrecy of their choices, known as the secret ballot. Results are declared after counting, with provisions for repolling in case of irregularities.
9. Electronic Voting Machines (EVMs): EVMs are used for voting, ensuring the integrity of elections, and streamlining the voting process.
10. Countermanding of Election: If a nominated candidate passes away before polling, the election process is restarted in the affected constituency.

The electoral process in India follows a systematic approach regulated by the Election Commission to ensure fairness, transparency, and integrity in the conduct of elections at both the national and state levels.

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Issues faced by election process

Despite the Election Commission’s diligent efforts to uphold free and fair elections, our electoral system still grapples with certain shortcomings. Below are some notable weaknesses:

Financial Influence

The infiltration of unaccounted money in elections has emerged as a significant issue. Political parties often procure funds from corporations and business entities, utilizing these resources to sway voters in their favour. Contributions from businesses are often made in cash and remain undocumented. Additionally, various corrupt practices, including bribery, electoral fraud, voter intimidation, impersonation, and the provision of transportation to polling stations, are commonly observed during elections. Reports of liquor distribution in impoverished areas are also prevalent during electoral periods.

 

Misuse of Government Machinery

Unequal access to resources among political parties often results in the party in power leveraging governmental resources to its advantage. This misuse of government machinery is frequently alleged and contributes to electoral misconduct, such as violence, booth capture, rigging, and fraudulent voting practices. These activities undermine public confidence in the electoral system.

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Muscle power

Previously, criminals would influence elections by coercing voters at gunpoint to vote as directed. However, there has been a shift, with these individuals now openly contesting elections themselves, contributing to the criminalization of politics. Consequently, instances of violence during elections have surged.

 

Caste and Religion

Caste and religion often play significant roles in the selection of candidates by political parties. Candidates are chosen based on their ability to garner support from larger caste and community groups, as well as their access to resources. Similarly, voters frequently cast their ballots along caste and communal lines. Political propaganda campaigns often exploit communal loyalties among voters.

 

ELECTORAL REFORMS

To maintain the integrity of the election, process several initiatives have been taken time to time. According to 170th law commission report, the objective was to make the electoral process more fair, transparent, and equitable.

 

Some of the issues discussed in the report are:

• • Financing of election

The law commission has proposed comprehensive reforms regarding candidate expenditure limit, disclosure obligations of candidates and political parties, penalties for non-compliance, and the examination of state funding of elections. Key recommendations include extending the period for regulating election expenses, amending the companies Act to require shareholder approval for political contributions, enhancing disclosure requirements for candidates and parties, and imposing penalties for non-compliance. Additionally, measure suggested to regulate electoral trusts and ensure inner-party democracy. However, complete state funding of election is deemed unfeasible, with indirect subsidies favoured instead.

• • Anti defection law in India

Amendment of the Tenth Schedule to transfer authority for deciding on defection-related disqualifications from the speaker or chairman to the president or Governor, ensuring impartiality.

• • Strengthening the Election Commission of India through measures such as equal constitutional protection for all members, consultative appointment processes, and the establishment of an independent Secretariat.
  • Considering a hybrid approach combining elements of proportional representation and the first-past-the-post system, while assessing the feasibility of increasing the number of seats in the Lok Sabha.
  • Opinion Polls:
    1. Section 126(1)(b) of the Representation of the people Act (RPA) prohibits the display of election matter in electronic media 48 hours before polling but not in print media.
    2. Recommendations include amending section 126(1)(b) to cover both print and electronic media, allowing cognizance based only on complaints authorized by the Election Commission or Chief Electoral officer, and introducing regulations to ensure transparency in poll conducting organizations, assessment of polling methods, and public awareness of the predictive nature of opinion polls.

Compulsory Voting:

1. 1. 1. 1. The Law Commission advises against implementing compulsory voting in India due to concerns about its undemocratic nature, legitimacy, cost, inability to enhance political participation, awareness, and logistical challenges in implementation.

 

• • NOTA and right to deny.

The Law Commission does not support expanding the concept of None of the Above (NOTA) to include a formal right to reject candidates or invalidate elections if a majority of votes favour NOTA. Instead, it emphasizes safeguarding the right to secrecy in voting, which may not inherently include the right to reject candidates. The Commission proposes addressing concerns related to voter empowerment, political transparency, and decriminalization through other means such as enhancing political accountability within parties and promoting inner-party democracy. However, it suggests that this issue may be revisited in the future for further consideration.

• • Right to Recall

The Law Commission is against implementing the right to recall, citing worries that it might result in too much democracy, weaken the independence of elected representatives, disregard minority concerns, cause instability, raise the likelihood of misuse, and be challenging and costly to put into practice, especially under India's first-past-the-post electoral system.

The Committee Report proposes reforms to improve India's electoral process, covering election financing, Anti-Defection Law amendments, Election Commission strengthening, proportional representation exploration, opinion poll regulation, and NOTA and right to recall considerations. However, it discourages compulsory voting and extending NOTA for candidate rejection, emphasizing democratic principles and effective governance.

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1. CHALLENGES

The Indian voting system faces several challenges that impact the integrity and inclusivity of elections. Some of the key challenges include:

1. Defective Electoral Rolls: Inaccurate or incomplete voter lists can disenfranchise eligible voters and undermine the credibility of the electoral process.
2. Voter Apathy: Despite efforts to encourage participation, voter apathy remains a significant challenge, particularly among certain demographics or regions.
3. Barriers for Persons with Disabilities (PWDs): Accessibility issues at polling stations, lack of awareness about voting rights, and limited accommodations for PWDs can hinder their participation in elections.
4. Influence on Voters: Factors such as money, muscle power, and inducements can influence voters' choices, undermining the principle of free and fair elections.
5. Electoral Violence: Instances of violence, intimidation, and coercion during elections pose a threat to the safety and security of voters, candidates, and election officials.
6. Domestic Migration: The mobility of populations within the country poses challenges for voter registration and participation, particularly for migrant workers and marginalized communities.
7. Electoral Fraud: Issues such as booth capturing, bogus voting, tampering with EVMs, and other forms of electoral fraud undermine the credibility and fairness of election.[13]

 

Addressing these challenges requires concerted efforts from electoral authorities, policymakers, civil society organizations, and citizens to strengthen the electoral system, enhance transparency, and uphold the principles of democracy.Top of Form

 

1. CONCLUSION

In conclusion, the right to vote in India stands as a cornerstone of its democratic principles, fortified by constitutional guarantees, universal suffrage, and continuous electoral reforms. Through inclusive registration drives, accessible polling stations, voter education initiatives, and a robust legal framework, India strives to ensure that every eligible citizen can exercise their franchise freely and fairly. As India continues to evolve, its dedication to safeguarding the right to vote remains unwavering, serving as a testament to the nation's democratic spirit and commitment to inclusive governance. Moreover, it is notable that the Indian government has annually designated January 25 as "National Voters' Day," with the goal of motivating youth to engage in the alliance. Nonetheless, it has been observed that this initiative has not achieved its intended objectives. Therefore, some of the suggestions are:

 

SUGGESTIONS

The right to vote is a fundamental pillar of democracy, ensuring that citizens have a voice in the decisions that affect their lives. Here are some suggestions related to the right to vote:

1. Voter Education: Invest in voter education programs to ensure that citizens understand their rights and responsibilities when it comes to voting. This includes information on how to register, where and when to vote, and what candidates or issues are on the ballot.
2. Youth Engagement: Encourage youth engagement in the political process by lowering        the voting age or implementing civics education programs in schools to teach students about the importance of voting and civic participation.
3. Continuous Improvement: Continuously evaluate and improve the electoral process based on feedback from voters and election officials, with the goal of making it more inclusive, transparent, and efficient.

 

1. REFERENCES

• https://lawcorner.in/right-to-vote-in-india/#History_of_Right_to_Vote_in_India
• https://www.lawyersclubindia.com/articles/constitutional-right-to-vote-in-india-15562.asp
• Legal Research Development an International Refereed e-Journal ISSN: 2456-3870, Journal home page: http://www.lrdjournal.com Vol. 07, Issue-II, Dec. 2022
• https://www.drishtiias.com/blog/right-To-vote-a-fundamental-right
• Constitutional Law Of India 57Th Edition by J N Pandey, Central Law Agency
• https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022082424.pdf

 

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[1] https://www.legalserviceindia.com/legal/legal/article-13278-right-to-vote-a-statutory-right-or-constitutional-right.html

[2] AIR 2000 SUPREME COURT 2587

[3] 1993 AIR 2024

[4] Article 326 in Constitution of India, Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.

[5] https://lawcorner.in/right-to-vote-in-india/#History_of_Right_to_Vote_in_India

[6] 1982 AIR 983

[7] Article 14 of the Constitution is part of the Fundamental rights under Part 111 of the Indian Constitution.

[8]1952 AIR 64, 1952 SCR 218

[9] The Registration of Electors Rules, 1960, available at: https://indiankanoon.org/doc/191541151/ (Last visited on March 21, 2022)

[10]1954 AIR 210, 1954 SCR 892, AIR 1954 SUPREME COURT 210

[11] The conduct of Election Rules, 1961, available at: https://indiankanoon.org/doc/45933417/ (Last visited on March 21, 2022).

[12] Legal Research Development An International Refereed e-Journal ISSN: 2456-3870, Journal home page: http://www.lrdjournal.com

[13] https://lawcorner.in/right-to-vote-in-india/#History_of_Right_to_Vote_in_India