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Congress Calls to Make Voting a Fundamental Right

It says constitutional status would give courts power to curb alleged partisan Election Commission actions by blocking mass voter exclusions.

Overview

  • The Congress renewed its demand on Sunday to elevate the right to vote from a statutory provision under Article 326 and the Representation of the People Act, 1951 to a constitutionally protected fundamental right.
  • Congress general secretary Jairam Ramesh accused the Election Commission of India of running in a 'blatantly partisan' manner and said making voting fundamental would allow stronger Supreme Court oversight of the electoral process.
  • The push follows Friday’s Supreme Court ruling that walking on a demarcated footpath is a fundamental right, which Congress cited as a legal precedent that strengthens its argument for broader judicial protection of voting.
  • The party pointed to large-scale name deletions reported during the Special Intensive Revision (SIR) of electoral rolls as the immediate grievance that constitutional protection would help address by preventing arbitrary exclusions.
  • Changing voting’s status would need either a new Supreme Court interpretation or a constitutional amendment, a difficult legal and political route that Congress has not yet advanced through formal legislation or a court petition.