Centre says Right to Vote is different from Freedom of Voting
Context:
The Centre has filed an affidavit in the Supreme Court arguing that the 'right to vote' is different from the 'freedom of voting'.
This was in response to a petition filed by the Vidhi Centre for Legal Policy and the Association for Democratic Reforms which challenges Section 53(2) of the Representation of the People Act, 1951
The section deals with uncontested elections.
They argue that this provision (which declares a sole candidate elected without a poll) prevents citizens from exercising their right to vote 'None of the Above' (NOTA)
The Centre's Arguments:
The right to vote is only a statutory right
It is conferred by Section 62 of the Representation of the People Act of 1951 and is subject to the limitations within that statute
Quoting a 2003 Supreme Court judgment, the affidavit states this initial right cannot be placed on the pedestal of a fundamental right.
Freedom of voting is described as a species of the right to expression under Article 19(1)(a) of the Constitution
This freedom arises at the stage when the voter goes to the polling booth and casts his vote
The act of casting a vote (whether for a candidate or NOTA) is tantamount to expression of his opinion and preference
Stance on Uncontested Elections
The Centre's affidavit points out that the freedom of voting (including the option to use NOTA) is dependent on whether or not there was a poll taken
It submits that Freedom of voting is an incidence of a poll
An election is only put to vote if the number of candidates is more than the number of seats to be filled (as per Section 53(1) of the 1951 Act)
Right to Vote:
The right to vote is not a fundamental right or a constitutional right; it is a statutory right conferred by Section 62 of the Representation of the People Act, 1951.
The same was upheld by the supreme court in in People’s Union for Civil Liberties (PUCL) v. Union of India, 2003.
SC also held that “Freedom of voting as distinct from the right to vote is a facet of the fundamental right to freedom of expression.”
Voting rights are denied only to those disqualified (e.g., certain prisoners or disqualified persons under Section 16 of the 1950 Act).