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? (2026, 10 Marks)

Paper	GS Paper 2
Word Limit	150 words
Syllabus Topic	Indian Polity – Elections; Election Commission

Right to Vote and Election Commission: Model Answer

The right to vote is not a fundamental right. It is a constitutional and statutory right: Article 326 grants adult suffrage, and the Representation of the People Acts frame the details. Citizens are entitled to enrol only if they are 18 and not disqualified.

Is It a Fundamental Right?

• Kuldip Nayar (2006) and N.P. Ponnuswami (1952): the right to vote is statutory.
• PUCL (2003): casting the vote is a form of expression under Article 19(1)(a), yet the right itself is not fundamental.

Position of the ECI

• Article 324 gives the ECI superintendence, direction and control of the preparation of electoral rolls.
• Article 325 bars exclusion on grounds of religion, race, caste or sex.
• The ECI can check eligibility, including citizenship, at enrolment. It cannot act on mere suspicion: Lal Babu Hussein (1995) requires notice and a fair hearing before deletion.

Citizenship

The Citizenship Act, 1955 places citizenship determination with the Union government. The ECI can only verify and refer doubtful cases.

Conclusion

Clean rolls and inclusion must go together. A transparent, rule-based process protects both the free and fair election and every eligible citizen.

Value Addition: Electoral Rolls and Voting Rights

• The Representation of the People Act, 1950 deals with preparation of electoral rolls and the 1951 Act with conduct of elections. Section 16 of the 1950 Act bars non-citizens from being registered.
• Article 326 sets the voting age at 18 years after the 61st Amendment (1988) lowered it from 21.
• Enrolment uses Form 6, which carries a declaration of citizenship by the applicant.
• The ECI’s Special Intensive Revision of rolls in Bihar in 2025 brought documentary proof and citizenship checks into public debate.
• The ECI is a constitutional body. Article 324(5) protects the Chief Election Commissioner’s tenure in the same way as a Supreme Court judge.
• For official forms and rules, see the Election Commission of India website. Also see our answers on electoral reforms and the constitutional office of the Governor.

Related PYQs

• Examine the need for electoral reforms as suggested by various committees with particular reference to “one nation – one election” principle. (2024)
• “The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment. (2024)

FAQs on the Right to Vote

Is the right to vote a fundamental right in India?

No. The Supreme Court has held it to be a constitutional and statutory right, not a fundamental right.

Which Article gives the ECI power over electoral rolls?

Article 324 vests superintendence, direction and control of electoral rolls in the Election Commission.

Can the Election Commission decide citizenship?

The ECI can verify eligibility at enrolment, but citizenship is governed by the Citizenship Act, 1955, administered by the Union government.

Which GS paper covers this topic?

GS Paper 2 (Indian Polity: elections and constitutional bodies).