Is the right to vote a fundamental right ? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?

The right to vote is a constitutional/statutory right, not a fundamental right; however, its exercise is central to representative democracy. The ECI’s electoral-roll revision must therefore balance electoral integrity with citizens’ right to participate.

Is the Right to Vote a Fundamental Right?

1. Not a Fundamental Right: The right to vote is a constitutional/statutory right, primarily flowing from Article 326 (adult suffrage) and Section 62, RPA 1951.
   a. Janchowkidar case ()2013: The Supreme Court has reiterated that voting is not a fundamental right; Parliament can therefore regulate its exercise through electoral law.
   b. Under Section 62(5), RPA 1951, a person confined in prison or in lawful police custody cannot vote, except those under preventive detention—illustrating that the right is subject to statutory restrictions.
2. Article 19 Distinction: The right to know candidates’ antecedents and make an informed electoral choice is protected under Article 19(1)(a), but the act of voting itself is not.
3. Judicial Position: PUCL v. Union of India (2003) and subsequent cases distinguish the fundamental freedom to express political choice from the statutory right to cast a vote.

ECI’s Position While Revising Electoral Rolls

1. Plenary Constitutional Power: Under Article 324, ECI has wide powers over electoral rolls.
   a. Example: Supreme Court (2026 Bihar SIR case) upheld SIR as advancing the constitutional imperative of free and fair elections.
2. Article 324 as a Power-Reservoir: S.Y. Quraishi’s interpretation emphasises that Article 324 enables ECI to fill legislative gaps where necessary for conducting free and fair elections, subject to constitutional and statutory limits.
3. Periodic/Intensive Revision: ECI can determine the need, timing and manner of intensive revision to ensure clean, accurate and inclusive electoral rolls; the Supreme Court recognised this as falling within ECI’s electoral mandate.
4. Due Process Against Wrongful Exclusion: The Supreme Court has stressed that electoral purification cannot become disenfranchisement:
   a. Reasoned Decision - exclusion must have a legally sustainable basis.
   b. Notice and hearing - affected elector gets an opportunity to respond.
   c. Claims & Objections - avenue to seek inclusion/correction.
   d. Appeal/Remedy - exclusion remains challengeable before the prescribed appellate authority.
   e. Speaking Order - final adverse decision should disclose reasons.

Can ECI Examine Citizenship

Thus, the principle of “one person, one vote, one value” rests on accurate and inclusive electoral rolls, not merely periodic elections. Hence, ECI’s revision powers must ensure electoral integrity without wrongful disenfranchisement, balancing purity of rolls with universal participation.