Right to Vote Different from Freedom of Voting | 10 Nov 2025

Source: TH

Why in News?  

The Union government recently told the Supreme Court (SC) of India that the right to vote is different from freedom of voting.  

• This submission was made while responding to a petition challenging Section 53(2) of the Representation of the People Act (RPA 1951) and Rule 11 along with Forms 21 and 21B of the Conduct of Elections Rules 1961, which govern uncontested elections. 

How is the Right to Vote Different from the Freedom of Voting? 

• Nature:  
  • Right to Vote: It is a statutory right granted under the RPA, 1951 and is not a Fundamental Right. 
  • Freedom of Voting: It is considered part of Article 19(1)(a) (guarantees all citizens the right to freedom of speech and expression). 
    • It covers the voter’s ability to express preference, including choosing a candidate or selecting NOTA (None of the Above), but this expressive freedom exists only when an actual poll occurs. 
• Issue of Uncontested Elections:  Under Section 53(2) of the RPA, 1951, if the number of contesting candidates is equal to the number of seats to be filled, no poll is conducted. Instead, the Returning Officer declares the candidates elected uncontested using Form 21 (for general elections) or Form 21B (for by-elections).  
  • With no poll, voters cannot exercise freedom of voting or use NOTA. The petitioners argue that this denies voters the opportunity to express dissatisfaction through NOTA, thereby violating their Article 19(1)(a). 
  • The Union government said that NOTA is not a candidate under Section 79(b) of the RPA, 1951.  Therefore, NOTA cannot be used to demand a poll in uncontested elections.  
• Election Commission of India Stance: The ECI states that treating NOTA as a contesting candidate would require amending RPA 1951 and the 1961 Rules. 
  • The EC noted that uncontested elections are rare (only nine in 20 General Elections (1951–2024), and just one since 1991). 
  • ECI said that as democracy has evolved, more parties and candidates contest elections, making uncontested wins uncommon. 
• Judicial Interpretation: In Civil Liberties (PUCL) versus Union (2003), SC held that the right to vote is not a fundamental right, but once a voter casts a ballot, it becomes an act of expression reflecting their opinion and preference.

What is Right to Vote?

• About: The right to vote allows eligible citizens to participate in choosing their representatives. 
  • In India, it is central to representative democracy and enables accountability and public participation. 
  • While guaranteed through universal adult franchise, its nature has largely been interpreted as statutory, not fundamental. 
• Constitutional Basis:  Article 326 of the Indian Constitution provides that every citizen of India, not less than 18 years of age is entitled to be registered as a voter for Elections to the House of the People and Legislative Assembly of every State on the basis of adult suffrage. 
  • The 61^st Constitutional Amendment Act (1988) lowered the voting age from 21 to 18. 
• Statutory Framework: Under the RPA, 1950, Section 16 bars non-citizens from being enrolled, while Section 19 requires voters to be 18 or above and ordinarily resident.  
  • The RPA, 1951, through Section 62, allows every enrolled person to vote unless disqualified, such as on grounds of imprisonment. 
  • Together, these laws define voter eligibility, making the right to vote statutory and subject to legal regulation. 
• Judicial Interpretation of the Right to Vote:

Conclusion 

The right to vote in India is rooted constitutionally in the principle of universal adult franchise under Article 326, but its actual implementation is regulated through statute. Courts have mostly upheld its statutory character, though evolving democratic norms and judicial reasoning continue to explore whether this right deserves stronger constitutional recognition.