Secrecy of Ballot, Background, Judgement, Measures, Key Details

Secrecy of Ballot is a principle of democracy where a voter’s choice in an election remains confidential. It ensures that no one can know how a person has voted. This helps people vote freely without fear, pressure or influence. It is an important feature of free and fair elections. According to the Supreme Court, Secrecy of Ballot is the cornerstone of free and fair elections.

Secrecy of Ballot Case Background

• The case was related to a no-confidence motion passed in a Zila Panchayat in Uttar Pradesh in 2018. The Allahabad High Court cancelled the voting because some members were found to have violated the secrecy of the ballot. CCTV footage showed that certain members had displayed their ballot papers or behaved in a way that revealed how they voted.
• The matter was then challenged in the Supreme Court. The Supreme Court referred to Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961, which clearly states that a no-confidence motion must be voted on through a secret ballot. The Court ordered that the voting should be conducted again within two months, strictly following the secret ballot system.
• This case highlights the importance of secrecy of ballot in ensuring free and fair decision-making in democratic institutions.

Secrecy of Ballot Judgement

• The Supreme Court stated that secrecy of ballot is an essential feature of constitutional democracy.
• The law must protect the voter’s right to keep their vote confidential.
• Even a small possibility that a voter may be forced to reveal their vote can restrict their freedom to vote freely.
• The Court referred to Section 94 of the Representation of the People Act, 1951, which gives voters the right to maintain secrecy about their vote.
• Secrecy of ballot is a privilege given to the voter.
• A voter can voluntarily give up this privilege and choose to disclose whom they voted for.
• If a voter willingly reveals their vote, no one can stop them or make a complaint against them for doing so.

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Representation of People’s Act 1951

• Section 94 of the RPA, 1951 protects the voter’s right to keep their vote secret. It gives voters the privilege to not disclose whom they voted for.
• Free and fair elections are the foundation of democracy.
• To ensure fair elections, the Constitution includes Part XV (Articles 324-329), which deals with elections.
• Article 324 provides for the establishment of the Election Commission of India (ECI), which supervises and conducts elections.
• Parliament passed two important laws:
  • Representation of the People Act, 1950
  • Representation of the People Act, 1951
• Key Provisions of the RPA, 1951:
  • Regulates the conduct of general elections and by-elections.
  • Provides the administrative system for conducting elections.
  • Deals with registration of political parties.
  • Defines qualifications and disqualifications for MPs and MLAs.
  • Contains rules to prevent corrupt practices and electoral offences.
  • Provides procedures to resolve election disputes.

Elections Where Secret Ballot is not used

• Rajya Sabha Elections: Voting is done through an open ballot system where MLAs must show their marked ballot to the authorised party agent (as per provisions of the Representation of the People Act, 1951).
• Elections to State Legislative Councils (by MLAs): Open ballot system is followed to prevent cross-voting and ensure party discipline.
• Voting in Parliament and State Legislatures: Most decisions (e.g., passing of Bills, motions) are taken through voice vote or division, not by secret ballot.
• Internal Proceedings of Local Bodies or Legislatures: Certain resolutions may be decided by show of hands or open voting, unless law specifically requires a secret ballot.

Measures to Ensure Free and Fair Elections

• Totalisers combine votes from several EVMs before counting, so it is not possible to know voting patterns of a particular booth. This protects voter secrecy.
• Secure online voting systems can help maintain secrecy and increase participation, especially for remote voters.
• Polling stations should be located close to voters’ residences so that people of all ages and genders can vote easily.
• Political party workers should not be allowed near polling stations to prevent influence or pressure on voters.
• Both Citizens and the Election Commission must work responsibly to protect the secrecy of the ballot and ensure free, fair and transparent elections for good governance.

Right to Vote in India

• The right to vote in India is provided by the Constitution and election laws, but it is subject to certain conditions.
• Article 326 of the Constitution provides for universal adult franchise. Every Indian citizen aged 18 years or above has the right to vote, unless disqualified by law.
• The right to vote is implemented through two main laws:
  • Representation of the People Act, 1950
  • Representation of the People Act, 1951
• RPA, 1950
  • Only Indian citizens can be included in the electoral roll.
  • A person must be 18 years or above and ordinarily resident in the constituency to be registered as a voter.
• RPA, 1951
  • Section 62 states that only those whose names are in the electoral roll can vote.
  • Certain persons, such as those disqualified by law or imprisoned, cannot vote.
• Therefore, the right to vote is a legal right guaranteed by the Constitution but subject to reasonable restrictions under law.