Is the right to vote a fundamental right ? Discuss the position of the Election Commission of India while…

Question

Is the right to vote a fundamental right ? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters ?

Ghissu Editorial · Accepted Answer

The right to vote is not a fundamental right but a statutory right with constitutional footing in Article 326, and the ECI holds plenary but bounded power over roll revision. It may verify citizenship for enrolment, yet Lal Babu Hussein (1995) bars deletion on mere suspicion.

**Introduction**

Bihar's Special Intensive Revision, ordered by the Election Commission of India (ECI) in June 2025, left about 65 lakh names off the draft roll and revived three constitutional questions.

**Right to Vote: Constitutional but Not Fundamental**

SKETCH: spectrum | Legal Status of the Vote
left: Statutory right
right: Fundamental right
- Ponnuswami 1952
- Jyoti Basu 1982
- Kuldip Nayar 2006
- Article 326 franchise
- PUCL 2003 expression

1. **Statutory creation**: Courts hold it a statutory right, conferred and limited by the Representation of the People Acts, as reaffirmed in Kuldip Nayar (2006).
2. **Constitutional footing**: Article 326 guarantees adult suffrage to citizens aged 18, and PUCL (2003) treated voting as expression under Article 19(1)(a), the basis of NOTA.

**Position of the ECI in Revising Electoral Rolls**

1. **Plenary power**: Article 324 and Section 21 of the 1950 Act let the ECI order special revisions, a power recognised in Mohinder Singh Gill (1978).
2. **Bounded by fairness**: In the Bihar case the Supreme Court made the ECI publish omitted names with reasons and accept Aadhaar as proof of identity.

**Can the ECI Examine Citizenship of Voters?**

1. **Eligibility check**: Section 16 of the 1950 Act bars non-citizens, so registration officers may verify citizenship before enrolment.
2. **No power to adjudicate**: Lal Babu Hussein (1995) forbids deletion on suspicion without notice and hearing, and final determination lies with the Centre under the Citizenship Act, 1955 and with Foreigners Tribunals.

**Conclusion**

The vote is a constitutional right regulated by statute, and the ECI is master of the roll but not of citizenship. Inclusion first, with verification under due process, is what universal adult franchise demands.

Is the right to vote a fundamental right ? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters ?

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