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22 June 2026

Jairam Ramesh on voting as a fundamental right

The topic addresses a significant constitutional debate regarding the legal status of the right to vote, which is a core theme in Indian polity and constitutional law.

1 min read 2 questions 1 prelims

Notes

  • The right to vote is currently classified as a statutory right in India, rather than a fundamental right.
  • Proponents argue that elevating the right to vote to a fundamental right would ensure higher levels of judicial review and protection against arbitrary voter exclusion.
  • Constituent Assembly debates (April 1947) featured discussions on making voting a fundamental right, with support from Dr. B.R. Ambedkar and Babu Jagjivan Ram, and opposition from Sardar Patel and C. Rajagopalachari.
  • Article 326 of the Indian Constitution provides for elections based on universal adult suffrage.
  • The Supreme Court has previously recognized related rights as fundamental, including the right to know a candidate's criminal record, funding sources, ballot secrecy, and the right to NOTA.
  • Justice Ajay Rastogi’s dissenting opinion in the 2023 Anoop Baranwal vs. Union of India case held that the right to vote is a fundamental right.

Questions

  1. Discuss the distinction between statutory rights and fundamental rights in the context of the Indian electoral system. Should the right to vote be elevated to a fundamental right to strengthen democratic processes? 150 words
    Attempt this — 150 words in 8 min
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  2. The evolution of electoral rights in India has been shaped by both constitutional provisions and judicial interventions. Analyze the role of the Supreme Court in expanding the scope of voters' rights and discuss the constitutional implications of categorizing the right to vote as a fundamental right. 250 words
    Attempt this — 250 words in 11 min
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Prelims

  1. Which article of the Indian Constitution provides for elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage?