UPSC GS 2 Model Answer: Right to Vote and Election Commission

4. 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? (Answer in 150 words)

Introduction

The right to vote is not a Fundamental Right but a statutory right under the Representation of the People Act, 1951, based on the principle of universal adult suffrage under Article 326. However, the freedom to make an informed electoral choice has been linked with Article 19(1)(a) by the Supreme Court.

ECI and Revision of Electoral Rolls

• Constitutional authority: Under Article 324, the Election Commission of India (ECI) supervises and controls the preparation and revision of electoral rolls.
• Ensuring accuracy: It can include eligible voters, remove dead, shifted or duplicate entries, and correct errors in the rolls.
• Quasi-judicial role: Electoral Registration Officers examine claims and objections and conduct inquiries before deciding inclusion or deletion.
• Procedural fairness: Any deletion affecting a voter should follow notice, opportunity to respond and principles of natural justice.
• Inclusive elections: Revision should balance the need for clean electoral rolls with maximum legitimate voter inclusion, avoiding arbitrary disenfranchisement.

Can ECI Examine Citizenship?

• Limited inquiry: Yes, citizenship can be examined incidentally because only Indian citizens are eligible to be registered as voters.
• Verification power: The ECI may seek relevant documents and conduct an inquiry where citizenship is doubtful.
• Not final authority: However, the ECI is not the final adjudicator of citizenship; citizenship matters are governed by the Citizenship Act, 1955 and competent authorities.
• Safeguard against exclusion: Mere suspicion should not become the basis for deletion; decisions must be reasoned, evidence-based and subject to legal remedies.

Conclusion

Thus, the ECI can verify citizenship for electoral eligibility, but electoral-roll revision should not become a substitute for citizenship adjudication. The guiding principle should be clean rolls without compromising the citizen’s right to participate in democracy.