Legal Framework and Protection of Voting Rights
Voting rights in India are protected through a comprehensive set of laws and regulations. Some of the provisions include:
- Constitutional Provisions: Article326 grants the “Right to Vote” as a fundamental right to all citizens above the age of 18 years, and Article 324 provides for the establishment of the Election Commission of India for conducting free and fair elections.
- Representation of People Act (RPA): The Representation of People Act 1951, and its amendments lay down the criteria for the qualifications and disqualifications for being a voter and a candidate for elections. It also contains a provision regarding electoral rolls, electoral offenses, and delimitation of the constituencies
- Election Commission: Election Commission performs the following functions:
- It prepares and maintains the electoral rolls that contain the names of eligible voters in each constituency and updates them regularly.
- It superintends, directs, and controls the entire electoral process in a transparent manner.
- Valid identification documents for voting are prescribed by the Election Commission.
- Right to Secret Ballot: Voters can cast their vote in privacy without any force or influence.
- Electronic Voting Machines (EVMs): The EVM ensures the voting process is efficient, transparent, and tamper-proof.
- Electoral Offences: The law prescribes penalties for those who violate the electoral process, such as booth capturing, bribing voters, or electoral malpractices.
- Judicial Review: In case of disputes or violations related to the electoral process, individuals can seek legal recourse through the judiciary, which acts as a safeguard to protect voting rights and the integrity of the electoral system.
- Criminal Disqualifications: Subject to certain conditions, the law disqualifies individuals convicted of certain offenses from contesting elections or being voters.
Right to Vote – A Fundamental Right
Right to Vote forms an essential aspect of citizenship in democratic societies. It grants individuals the opportunity to participate in the democratic process and have a say in their government. The right represents the fundamental democratic principles of equality, representation, and responsibility. India celebrated its 13th National Day on 25th January 2023 with the theme “Nothing Like Voting, I Vote for Sure”.
In this article, we’ll learn more about this fundamental right termed as Right to Vote, their legal framework, how it applies to Indian citizens, and many more.
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