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?
Status of the Right to Vote: In N.P. Ponnuswami (1952) and Kuldip Nayar (2006), the Supreme Court held the right to vote is a statutory right under the Representation of the People Act, 1951. However, in PUCL v. Union of India (2013) and Anoop Baranwal (2023), it has been recognised as a constitutional right flowing from Article 326, and the act of voting as an expression of Article 19(1)(a).
ECI's Position in Roll Revision:
Under Article 324, the ECI has plenary powers of "superintendence, direction and control" over electoral rolls. It conducts Summary and Special Summary Revisions under Sections 21–23 of the RP Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960. Recent SIR (Special Intensive Revision) exercises reflect this authority.
Can ECI Examine Citizenship?
Only Indian citizens are entitled to enrolment (Article 326; Sec 16, RP Act 1950). The ERO can make prima facie enquiries and refer disputed cases; however, the final determination of citizenship lies with authorities under the Citizenship Act, 1955, not with the ECI. Overreach risks disenfranchisement.
Answered By:
Sakshi Negi
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