Right To Vote Is A Constitutional Right; Not Just A Statutory Right : CJI DY Chandrachud

While hearing a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections, CJI DY Chandrachud expressed his reservations on the view that the Right to Vote was a statutory right. 

Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner in the matter, had submitted that Section 33(7) of the Representation of Peoples Act 1951 was restrictive in nature and under Article 19 of the Constitution, restrictions have to be reasonable in nature.  

To this, CJI DY Chandrachud responded–

"It is not a restriction, its a facilitative measure...Of course, there are some judgements that say that the Right to Vote is only a statutory right and not a constitutional right. But no, it is a constitutional right because it's a part of Article 19(1)(a) – the right of expression, the right of people to elect, and for people to vote."

However, CJI did not elaborate further on this, as this issue was not arising in this matter.

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

The ECI's counsel had said that there were precedents which stated that right to vote was only a statutory right but Justice Joseph had remarked–

"It may not be correct to say that it (Right to vote) is only a statutory right". Referring to Article 326 of the Constitution which says that every person who has attained the age of majority "shall be entitled to be registered as a voter at any such election", Justice Joseph opined that right to vote is a constitutional right. Justice Joseph also opined that the preced(to revise, hold) Right To Vote Is A Constitutional Right, Not Just A Statutory Right: CJI DY Chandrachud