Congress Makes Pitch For Making Right To Vote A Fundamental Right In Light Of ‘Partisan EC, SIR’

Push for Voting Rights as Fundamental in Light of Election Commission's Bias

The conversation around voting rights has taken a new turn as Congress advocates for the recognition of the right to vote as a fundamental right. This debate has roots in discussions from the Constituent Assembly, particularly during meetings on April 21-22, 1947, where influential figures like Dr. B.R. Ambedkar and Babu Jagjivan Ram championed the cause. However, leaders such as Sardar Patel and C. Rajagopalachari expressed concern that enshrining the right to vote could deter princely states from joining the Indian Union, opting instead for universal adult franchise as a sufficient measure.

According to Congress leader Jairam Ramesh, the ongoing discourse has persisted for over seventy years, questioning whether voting is merely a statutory right under the Representation of People Act, 1951, or a fundamental one. He highlighted a recent dissent by Justice Ajay Rastogi in the Anoop Baranwal vs. Union of India case, which argued that voting is indeed a fundamental right. Ramesh pointed out that the Supreme Court has acknowledged voters’ constitutional right to be informed about candidates' criminal records and financial backgrounds.

Ramesh emphasized the inconsistency in only categorizing the right to vote as statutory, noting that associated rights have already been deemed fundamental. He asserted,

“With the blatantly partisan functioning of the Election Commission of India working at the behest of the Prime Minister and the Union Home Minister having been brutally exposed, it is now time to elevate the right to vote as a fundamental right that would offer it the highest level of judicial review and protection.”

He argued that such a designation would help prevent voter suppression and arbitrary disqualifications, particularly in light of the alarming numbers reported during the special intensive revision (SIR) process. Ramesh also referenced a recent Supreme Court ruling declaring the right to walk on a demarcated footpath as fundamental, suggesting it is time to afford the same status to voting rights, which he described as critical to saving Indian democracy from its current “death spiral.”