Supreme Court Reaffirms Right to Vote as a Constitutional Right and Part of Basic Structure

In a significant observation, the Supreme Court of India has clarified the constitutional status of the right to vote, describing it as a 'constitutional right' that is fundamental to the democratic structure of the nation. While the right to vote is often categorized as a statutory right—originating from the Representation of the People Act, 1951—the Court emphasized that the right to elect representatives is an essential facet of the 'basic structure' of the Constitution. This clarification is pivotal because it addresses a long-standing legal debate. Historically, in cases like Jyoti Basu v. Debi Ghosal (1982), the judiciary held that the right to vote is neither a fundamental right nor a common law right but a pure statutory right. However, subsequent judgments, including the PUCL case (2003), began recognizing the 'right to know' about candidates as a derivative of Article 19(1)(a), thereby elevating the act of voting to a higher constitutional pedestal. By linking the right to vote to the basic structure, the Supreme Court has now ensured that this right cannot be easily abridged or taken away by ordinary legislation.