The right to vote is a vital component of representative democracy; however, under Indian jurisprudence, it is categorized as a constitutional and statutory right rather than a Fundamental Right under Part III. The Election Commission of India (ECI) exercises regulatory oversight to protect electoral roll integrity while safeguarding universal adult franchise.

Legal Nature of the Right to Vote

• Constitutional-Statutory Grounding: The right originates from Article 326 (universal adult suffrage) and is operationalized by Section 62 of the Representation of the People Act (RPA), 1951.
• Judicial Precedents: In JNP v. Union of India and PUCL v. Union of India (2003), the Supreme Court clarified that while the right to make an informed choice is part of free expression under Article 19(1)(a), casting a vote remains a statutory right subject to legislative limitations.
• Statutory Restrictions: Section 62(5) of the RPA, 1951 lawfully bars individuals confined in prison or under police custody from voting, confirming that the right is not an absolute fundamental entitlement.

ECI’s Authority in Electoral Roll Revision

• Plenary Powers under Article 324: The ECI possesses constitutional superintendence, direction, and control over electoral roll preparation, empowered to address statutory gaps to ensure free and fair elections.
• Special and Intensive Revision: As affirmed in the 2026 Supreme Court Bihar Special Intensive Revision (SIR) ruling, the ECI can order field-level verifications to eliminate duplicate, deceased, or ineligible entries.
• Mandatory Due Process: Administrative purification must avoid arbitrary disenfranchisement by observing principles of natural justice:
  • Issuing prior show-cause notices and opportunities for personal hearings.
  • Operationalizing transparent Claims and Objections windows.
  • Delivering reasoned speaking orders subject to statutory appellate review.

Can the ECI Adjudicate Voter Citizenship?

• Verification for Electoral Registration:
  • Under Section 16 of the RPA, 1950, non-citizens are disqualified from registration, making citizenship a condition precedent for inclusion.
  • The ECI possesses incidental authority to verify documents and prima facie satisfy itself of an applicant’s citizenship for registration purposes.
• Absence of General Adjudicatory Jurisdiction:
  • Article 11 confers exclusive legislative power over citizenship on Parliament, operationalized under the Citizenship Act, 1955.
  • The ECI cannot act as a tribunal to formally confer or strip citizenship; substantive determinations rest with designated executive and judicial forums, such as Foreigners Tribunals.

The constitutional promise of “one person, one vote, one value” depends on accurate and inclusive electoral lists. The ECI must balance the imperative of clean rolls with safeguards against wrongful disenfranchisement.