Supreme Court judge says disenfranchising millions violates Article 14 and Article 326
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Prelims + Mains·
Basic Structure and Fundamental Rights: a GS2 case study on the constitutional sanctity of the right to vote.
Why in news
Justice Ujjal Bhuyan of the Supreme Court stated that disenfranchising millions of Indian citizens violates Article 14 and Article 326, arguing that voting is central to the Basic Structure doctrine.
Background
The Supreme Court observation follows a May ruling upholding the Election Commission of India's Special Intensive Revision. Opposition parties have demanded the restoration of 13 crore names excluded from draft rolls across three phases.
Facts for Prelims
- Fact13 crore names were reportedly excluded from draft rolls across three phases.
Prelims practice question
With reference to the Supreme Court's observations on voter disenfranchisement, consider the following statements:
- The Supreme Court upheld the exclusion of 20 crore names from the draft rolls.
- Disenfranchising millions of citizens violates Article 14 and Article 326.
- The right to vote is considered a component of the Basic Structure doctrine.
Which of the statements given above is/are correct?
- (a)2 only
- (b)1 and 2 only
- (c)1 and 3 only
- (d)2 and 3 only
Show answer
Answer: (d) 2 and 3 only — Statements 2 and 3 are correct. Statement 1 is incorrect: The note states 13 crore names were reportedly excluded.
For Mains
Q. Examine the constitutional implications of voter disenfranchisement and discuss the significance of the right to vote as a component of the Basic Structure of the Constitution.
Dimensions to cover in your answer
- Constitutional conflict: Balancing the integrity of electoral rolls against the fundamental right to equality under Article 14.
- Institutional oversight: The role of the Election Commission in ensuring inclusive representation during Special Intensive Revisions.
- Democratic integrity: Ensuring that administrative exclusions do not lead to large-scale systemic disenfranchisement of eligible voters.
Keywords: Basic Structure Doctrine · Right to Equality · Universal Adult Franchise · Electoral Roll Integrity · Constitutionalism
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