Introduction

The right to vote is a fundamental right in any democratic society, ensuring that citizens have a say in who governs them and how they are governed. It is not just a privilege, but a basic human right, protected by international declarations and many national constitutions. This article explores the history, legal provisions, benefits, challenges, and key aspects of the right to vote.

Background

The history of voting rights is long and varied, with different countries and civilizations having different approaches to suffrage. In Ancient Greece, voting was limited to adult male citizens, while in the United States, it was initially restricted to white, male property owners. Over time, voting rights have been expanded to include more groups, such as women and minorities, through constitutional amendments and legislative changes.

Time Frame of Changes in Voting Rights

• Ancient Greece: Voting limited to adult male citizens.
• United States: Initially restricted to white, male property owners. Expanded to include women and minorities through constitutional amendments.
• United Kingdom: Voting rights gradually expanded, with all men over 21 granted the right to vote in 1918, and women over 30 in the same year (lowered to match men in 1928).
• France: Initially limited to property-owning men, expanded to all men over 21 in 1848 and women in 1944.
• India: Right to vote granted to all citizens over 21 by the Constitution in 1950, following a long history of political mobilization and resistance movements.

Legal Provisions

• India: Article 326 of the Constitution guarantees the right to vote, subject to certain conditions such as citizenship, age, and absence of disqualifications.
• United States: The Constitution provides a framework for federal regulation of voting, with amendments prohibiting discrimination based on race, color, sex, and age.
• International: The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights protect the right to vote as a basic human right.

Benefits and Challenges

• Benefits: Voting allows citizens to have a say in their government, express their opinions on issues and candidates, and participate in democracy.
• Challenges: Ensuring accessibility, addressing voter suppression, and combating misinformation are ongoing challenges in protecting and expanding voting rights.

Key Aspects

• National Voters’ Day: Celebrated in India to promote voter education and participation.
• Reforms: Various reforms, such as scientific voter behavior research and the introduction of NOTA (None of the Above) option, aim to improve the electoral process.
• NRIs and Prisoners: Voting rights for Non-Resident Indians were introduced in 2011, while prisoners serving sentences of less than two years are allowed to vote in India.

Landmark Judgments

• Kuldip Nayar Case (2006): A five-judge bench held that the right to vote is not a fundamental right but a statutory right.
• Anoop Baranwal Case (2022): A five-judge bench expressed the opinion that the right to vote should be a constitutional right, but did not issue a formal declaration.

Conclusions

The right to vote is essential for the functioning of a democratic society, allowing citizens to participate in governance and express their opinions.The Supreme Court has historically regarded the right to vote as a statutory rather than a fundamental right, although there have been growing calls for its reclassification as a fundamental right. While progress has been made in expanding voting rights, challenges remain, and ongoing efforts are needed to protect and enhance this fundamental right.

SOURCE- THE HINDU