'No Live Issue Existing' : Supreme Court Dismisses PIL To Declare Right To Vote As Fundamental Right

The Supreme Court on Monday (March 11) refused to entertain a Public Interest Litigation (PIL) seeking the declaration of voting rights as part of fundamental rights. 

Chief Justice of India (CJI) highlighted the necessity for a live controversy to be present before the court, emphasizing the need for a "live lis" (legal dispute) to warrant jurisdiction under Article 32. 

Despite the advocate's assertion of an imminent threat to voting rights in India, the CJI stated that they did not find evidence of any such live issue that would justify the court's intervention under Article 32. 

Its was observed, "We do not find the existence of any such live issue which warrants the jurisdiction under Article 32. We dismiss without expressing upon the merits." 

The advocate cited examples from countries like the USA and the UK, where rogue organizations posed threats to democracy in the past. However, seemingly disinclined to entertain the matter further, the bench dismissed the PIL without expressing any opinion on its merits.  

In Anoop Baranwal v. Union of India, the Supreme Court by 4:1 majority held that the right to vote is a constitutional right, while the dissenting judge Justice Ajay Rastogi held it to be a fundamental right.

Case Details :  DEVADIPTA DAS vs. UNION OF INDIA  Diary No.- 3169 - 2024 

Click Here To Read/Download Order