Congress makes strong pitch for making right to vote a fundamental right

A proposal has been put forward to elevate the right to vote to the status of a fundamental right under Part III of the Constitution, currently it is a const...

What Happened

A proposal has been put forward to elevate the right to vote to the status of a fundamental right under Part III of the Constitution, currently it is a constitutional right under Article 326.
The argument cites a recent Supreme Court ruling that recognized the right to walk on footpaths as a fundamental right, drawing a parallel to argue that the franchise deserves equal or stronger protection.
The rationale includes concerns over voter suppression, arbitrary voter roll deletions, and the need for stronger judicial oversight over the Election Commission's functioning.
If enacted, such a change would give courts expanded grounds to strike down legislation or executive orders that impinge on voting rights, since fundamental rights enjoy a higher threshold of protection than constitutional or statutory rights.
The push is also linked to broader electoral reform debates, including how voters are disqualified under the Representation of the People Act, 1951, and whether the Election Commission exercises its powers without adequate accountability.

Static Topic Bridges

Article 326 — The Constitutional Basis for Voting

Article 326 of the Constitution provides that elections to the House of the People and to the Legislative Assemblies of every State shall be on the basis of adult suffrage. Every citizen who is not less than 18 years of age and is not otherwise disqualified (on grounds such as non-residence, unsoundness of mind, crime, or corrupt or illegal practice) shall be entitled to vote.

Article 326 is located in Part XV (Elections) of the Constitution — not Part III (Fundamental Rights).
The right to vote is therefore a constitutional right, not a fundamental right in the traditional sense.
Section 62 of the Representation of the People Act, 1951 governs who is entitled to vote and can restrict this right through ordinary legislation.

Connection to this news: The proposal seeks to move voting rights from Part XV into the orbit of Part III, giving them the status and judicial enforceability of fundamental rights like Articles 14, 19, and 21.

Fundamental Rights vs. Constitutional Rights vs. Statutory Rights

The Indian Constitution creates a three-tier hierarchy of rights. Fundamental rights (Part III, Articles 12–35) are justiciable directly in the Supreme Court under Article 32 and can only be restricted by the State under narrowly defined reasonable restrictions. Constitutional rights derive from the Constitution but sit outside Part III, and their protection is less absolute. Statutory rights are created by ordinary legislation and can be amended or extinguished by Parliament through a simple majority.

Fundamental rights can be enforced directly by petitioning the Supreme Court (Article 32) or High Courts (Article 226).
A constitutional amendment to make voting a fundamental right would require a two-thirds majority in both Houses under Article 368.
The Supreme Court in Kuldip Nayar v. Union of India (2006) held that the right to vote is a constitutional right, not a fundamental right, regulated by statute.

Connection to this news: Upgrading the right to vote to a fundamental right would insulate it from ordinary legislative restriction and make Election Commission decisions more amenable to constitutional challenge under Article 32.

Supreme Court Jurisprudence on Voting Rights

The Supreme Court has progressively refined its position on the nature of voting rights. A Constitution Bench observed that the right to vote flows not just from Article 326 but also through Articles 15, 17, 19, and 21, with one dissenting judge holding it to be a component of Part III fundamental rights. The majority, however, declined to make a definitive pronouncement.

Justice Ajay Rastogi's view in a recent Constitution Bench: the right to vote is not merely a constitutional right but flows through Part III of the Constitution.
The majority position: the right is a "constitutional right" — stronger than a statutory right but not (yet) formally designated a fundamental right.
The Supreme Court recognized the right to walk on public footpaths as part of Article 21 (right to life and personal liberty), which has prompted comparisons with the right to vote.

Connection to this news: The judicial evolution of voting rights provides the legal foundation for the legislative proposal to formally codify this upgrade through a constitutional amendment.

Election Commission of India — Constitutional Status and Accountability

The Election Commission of India (ECI) is a constitutional body under Article 324, which vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections. The Chief Election Commissioner's removal process mirrors that of a Supreme Court judge.

Article 324: Superintendence, direction, and control of elections vested in the ECI.
The Chief Election Commissioner is removed only through impeachment-like procedure (address by both Houses of Parliament).
The Supreme Court in Anoop Baranwal v. Union of India (2023) directed that Election Commissioners be appointed by a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India — later modified by statute.

Connection to this news: Concerns about ECI's functioning and accountability are central to the argument for elevating the right to vote, since a fundamental right status would make electoral roll management and voter disqualification subject to tighter judicial scrutiny.

Key Facts & Data

Article 326 (Part XV): Constitutional right to vote based on adult suffrage for citizens 18 years and above.
Section 62, Representation of the People Act, 1951: Governs entitlement to vote; can restrict voting by ordinary law.
Supreme Court in Kuldip Nayar v. Union of India (2006): Held right to vote is a constitutional right, not a fundamental right.
A constitutional amendment to add voting to Part III would require Article 368 procedure — two-thirds majority in both Houses of Parliament.
The ECI operates under Article 324; the appointment and removal process for CEC was judicially reformed in 2023.
Part III of the Constitution (Articles 12–35): Lists all fundamental rights enforceable under Article 32.