Right to Vote in India Context : Recently, there have been demands to recognise the Right to Vote as a Fundamental Right. About the Right to Vote In India, the Right to Vote is a Constitutional Right, not a Fundamental Right. Constitutional Provisions Article 325: No person can be denied inclusion in the electoral roll on the grounds of religion, race, caste or sex. Article 326: Elections to the Lok Sabha and State Legislative Assemblies are conducted on the basis of universal adult suffrage, giving every citizen 18 years or above the right to vote. Representation of the People Act (RPA) Section 62, RPA 1951: Provides the right to vote and lays down restrictions, such as: A person cannot vote in more than one constituency. A person lodged in prison (except preventive detention) cannot vote. Section 16, RPA 1950: Lists the grounds for disqualification from being registered in the electoral roll. Important Supreme Court Judgements People's Union for Civil Liberties (PUCL) Case, 2003: Held that the Right to Vote is a statutory right, but the freedom to vote is part of the Fundamental Right to Freedom of Speech and Expression (Article 19(1)(a)). Anoop Baranwal v. Union of India (2023): Clarified that the Right to Vote is a Constitutional Right, and not merely a statutory or Fundamental Right.
