This article is written by Monesh Mehndiratta, a student of B.A. LL.B, Graphic Era Hill University, Dehradun. This article talks about one of the most important constitutional rights i.e. right to vote. It further explains the Universal Adult Franchise and gives in detail the intricacies involved with the right to vote and elections in the country. 

This article has been published by Sneha Mahawar.

Introduction

The Preamble of the Indian Constitution declares India as a “democratic republic” where the government works under the spirit of justice, liberty, equality and fraternity. The people have been given the right to vote to exercise the power by electing their representatives to the Parliament and State legislatures by way of a Universal Adult Franchise. The right to vote is one of the most important constitutional rights given to the citizens of India. It guarantees that people have a right to choose their representatives who will work for the welfare and benefit of the country. This right now has been recognised in most of the countries of the world. The article gives in detail the intricacies attached with the right along with the provisions and landmark judgements. 

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History of the right to vote

The Right to vote is not a fundamental right but an important Constitutional right guaranteed to the citizens of this country. India, being the colony of Britain, was ruled by the East India Company or the British Empire with no rights given to the Indian citizens. The power to decide and the rule was solely vested with the East India Company. However, Morley Minto’s reforms due to Indian Councils Act, 1901 marked the beginning of changes in the legislative process. Few privileged people based on certain eligibility criteria like property, ownership, income and municipal tax were given the right to vote. 

The country witnessed the leap in voting rights after the enactment of the Government of India Act, 1919 in which dyarchy was introduced with the increase in the number of members in provincial legislative assemblies. Communal and class electorates were created by the Act which meant people had the right to vote with restrictions. Until 1919 women had no right to vote, it was for the first time that some women were given this right. The Simon Commission in 1927 recommended reducing the voting age to 21 years and some special representation for women voters and their right to contest elections. However, it was boycotted due to the lack of Indians in the commission. These recommendations were enacted in 1935 by which direct elections were introduced in the country. 

After the independence, when the constituent assembly was elected 15% of it had women representation. Sooner in 1947, the parliament imbibed the principle of universal adult franchise i.e. right to vote given to all irrespective of any discrimination based on sex, caste, creed, race or religion and each vote has one value. This principle has become the base for democracy and continues till the present. 

Universal Adult Franchise

The principle of the universal adult franchise means that all the citizens in the country have the right to vote without any discrimination based on sex, caste, creed, race or religion, the only exception is the age barrier. The term “franchise” has been derived from the french word “franc” which means free. In other words, it means people freely enjoying and exercising their right to choose their representative who will form the government of the country. This principle is enshrined under Article 326 of the Indian Constitution.  

Voters’ eligibility in the country

Any person who wants to be a registered voter in the country must fulfil the following conditions:

  • He must be a citizen of India 
  • Attained the age of 18 years i.e. he must be a major.
  • A person with a sound mind
  • Must not be barred by law or the courts.

According to voting rules:

  • One person can cast one vote
  • A Voter ID card, EPIC card or photo identity election card is the necessary document
  • A person can cast a vote only in the constituency where he resides

Types of elections:

  1. Central elections to the parliament 
  2. State legislative elections
  3. Elections at the local level
  4. District elections

How to vote

There are two ways by which a person can cast his/her vote:

  1. Polling booth: A person can easily cast a vote at a polling booth which also reduces the chances of fake and false votes as the person himself goes to vote. 
  2. Postal ballot: It means casting a vote through the post. This method is generally used for people in the armed forces, electoral officers on duty and any other such person who cannot reach the polling booth due to inevitable circumstances.  

Election Commission 

Article 324 of the Constitution deals with the appointment of an Election Commission which is an independent autonomous body, functioning without any interference from the executives. It ensures that all the elections are contested freely and fairly, regularly at certain intervals. The term of the commission is decided by the President. The appointment to the commission is done by the President of the country.

Composition

According to Article 324 of the Constitution, the Election Commission consists of:

  • Chief Election Commissioner who is the chairman of the commission
  • Other Election Commissioners 
  • The President may also appoint regional election commissioners if required.  

Removal

The Election Commissioners and Regional Commissioners can be removed on the advice and recommendation of the Chief Election Commissioner.

S.S. Dhannoa v. Union of India (1991)

Hon’ble Supreme Court in this case held that the election commissioners cannot be considered the same as Chief Election Commissioner for authority and powers. The Court rejected the petition of illegal removal from the post of election commissioner stating that it is “not a case of premature termination of service” and said that the protection given to the Chief Election Commissioner is not available to other commissioners and thus, the conditions of service vary and may have disadvantages as well. 

Process of contesting elections

  • Constituencies are marked
  • Electoral rolls are prepared
  • Registering political parties and candidates from each party
  • Campaigning 
  • The voting day where voters cast their vote

Powers and functions

  • It determines various electoral constituencies in the country as per The Delimitation Act, 2000
  • It prepares electoral rolls which are revised from time to time and registers the voters in the country. 
  • It schedules and finalizes the date of election and examines the nomination papers. 
  • It decides the location of the polling stations and other necessary arrangements in and around the location. 
  • It allocates symbols to political parties for their identification in the elections. 
  • Any dispute related to symbols or elections is firstly dealt with by the commission. 
  • Appoints various officers for the smooth conduct of elections. 
  • Issues voter ID card or EPIC card which is necessary for a registered voter.
  • Determines the code of conduct followed during election and campaigning by the political parties. 
  • It advises the President and governors in case of any disqualification of MP or MLA respectively. 
  • It has the power to cancel any poll due to violence, aggression and riots. 
  • Ensures free fair elections in the country without any discrepancy. 

T. N. Seshan v. Union of India (1995)

In this case, the constitutional validity of an Act passed regarding the powers and functions equating the election commissioner with CEC was challenged on the ground that it is inconsistent with Article 324 of the Constitution and that Section 10 of the said Act was unworkable. The court held that CEC does not enjoy any superior status but there lies a difference in service conditions of CEC and EC. Article 324 provides for a permanent body which is headed by a person necessary for the commission, namely CEC. The object of the article is to provide a multi-member body. 

Challenges faced by the Commission

  • Influence by monetary benefits.
  • The pressure of political parties
  • Electoral malpractices
  • Riots and violence 
  • No power to regulate inner-party democracy and finances of the party
  • EVM machines are being hacked
  • Unregistered voters
  • Malfunctioning
  • Officers getting corrupt
  • Interference by the executives. 
insolvency

Representation of the People Act, 1951

The various features of the Act are:

  • The Act regulates the conduct during elections. 
  • Provides adequate machinery needed during the election process.
  • Provides the procedure for the registration of political parties. 
  • Tells qualifications and disqualifications of the voters and people contesting elections.
  • Provisions to deal with malpractices. 
  • Section 62(5) of the Act provides that no person if he is a prisoner can cast a vote. It bars a person if he is confined or punished by the court of law. 

Voting rights 

The various voting rights granted to the voters by the Constitution are given below:

Right to know

It means that the citizens or the registered voters have the right to be informed about the candidates contesting elections. This makes them choose easily and wisely. It deals with information like assets and liabilities, financial status, criminal record if any, age etc about the candidate. This right forms part of Article19 of the constitution. 

NOTA

It means “none of the above” i.e. voters in India have been given the right not to vote for anybody from numerous candidates if they feel none of them is capable of being elected as their representative. They do participate in the elections but can choose the option of not voting for anyone. 

The Peoples Union for Civil Liberties v. Union of India (2013)

The bench, in this case, gave the landmark judgment granting the right to reject to the citizens of the country in any elections. It asked the election commission to have the option “none of the above” or “right to negative vote” in Electronic Voting Machines (EVM) or the ballot papers used in the election process to cast a vote. It held that the people should be given a choice not to vote for any candidate if they feel none of them deserves to be voted for. 

Assistance to illiterate voters

The code of conduct by the Election Commission provides that if any voter is finding any difficulty while casting a vote or for traveling to the polling station due to physical disability or any reasonable problem and are not allowed to cast a vote through postal ballot, he/she may be assisted by the electoral officer present in the polling booth. 

Voting rights of NRI and prisoners

Until 2010, an NRI or a person not residing in the country was not allowed to vote but after an amendment, if such a person registers himself as a voter to the election commission then he can cast a vote even if he has been residing in the country for the last 6 months. However, this right for prisoners has been curtailed by Section 62(5) of the Representation of Peoples Act, 1951. 

Tendered votes

If any person who is a registered voter has not cast the vote but someone else had done it in his name then such a vote is called a tendered vote or a false vote. The person can cast a vote even if another person has done it in his name if he has any identity proof. The vote will be taken separately. However, all this is at the discretion of the election commission. It is one of the malpractices that prevails in the polling stations during elections. 

Conclusion

India being one of the largest democracies in the world, guarantees its citizens fundamental rights enshrined in Part III of the Constitution. The right to vote, though not a fundamental right, is an important constitutional right. It works on the principle of equality and freedom to choose. Thus, forming a basis for all the fundamental rights. We, the people in India have no direct control like “referendum” or “initiative” and so we exercise our sovereignty by way of electing our representatives who are responsible and accountable to us. The parliamentary democracy conceives representation of the people, responsible government and accountability of ministers. The accountability comes only when people have the power to remove those in power which is given by the right to vote. To ensure “justice” as given in the preamble of the Constitution, the universal adult franchise was adopted with the objective that every person in the country irrespective of any kind of discrimination will have the right to vote and choose his representative. Unfortunately, many people do not exercise this right seriously which causes faults in the system. 

References

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