"Right To Vote Is A Constitutional Right" : Justice KM Joseph Disagrees With Election Commission Of India

Supreme Court judge Justice KM Joseph, who is heading the Constitution Bench which is hearing petitions seeking independent mechanism to appoint Election Commissioners, expressed disagreement with the stand of the Election Commission of India that the right to vote is a mere statutory right and not a constitutional right.

During the hearing, the counsel appearing for the Election Commission of India submitted that the right to vote is a statutory right.

"What do you say about Article 326 of the Constitution?", Justice Joseph asked the counsel. "326 does not give the right to the voter", was the reply.

"Why? Kindly read 326", Justice Joseph told the counsel.

The counsel then read Article 326 of the Constitution of India, which is as follows :

"The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; but is to say, every person who is a citizen of India and who is not less than twenty one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election" (Note : At the time of adoption of the Constitution, the age for voting was 21 years, which was subsequently reduced to 18 years).

Highlighting the words "shall be entitled to be registered as a voter at any such election", Justice Joseph asked, "Are you saying the Parliament's legislative power will override the Constitution?".

"The Constitution has contemplated giving the right. That is the fundamental thing. It was 21 years initially, and was lowered to 18 years. The ancillary law making is contemplated for giving it teeth and flesh. The disqualification cannot be enlarged by the legislature. What are the disqualifications are mentioned in Article 326 itself", the judge said.

Justice Joseph added that "it may not be correct to say that it (Right to vote) is only a statutory right".

The ECI's counsel said that there are precedents which state that right to vote is only a statutory right. "But the effect of 326 has to be seen. This is a larger bench", Justice Joseph replied.

The other members of the 5-judge bench are Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar.

Also from today's hearing : Supreme Court Asks Centre To Produce Files Related To Appointment Of Arun Goel As Election Commissioner

Case Title: Anoop Baranwal v. Union of India | WP(C) No. 104/2015