Types of Rights in Indian Constitutional Scheme
- Natural Rights:
- Inherent, inalienable; not codified
- E.g., Right to life and liberty
- May be interpreted into Fundamental Rights, but not directly enforceable
- Fundamental Rights (Part III):
- Guaranteed under the Constitution (Articles 12–35)
- Enforceable via Article 32 (Supreme Court) and Article 226 (High Courts)
- State cannot violate them through ordinary legislation
- Constitutional Rights:
- Found outside Part III, but still part of the Constitution
- E.g., Right to property (Article 300A), right to vote (under Article 326), right to free trade (Article 301)
- Enforced through enabling statutes and Article 226
- Not on par with fundamental rights in protection
- Statutory Rights:
- Provided through ordinary legislation
- Can be created, limited, or taken away by Parliament or State legislatures
- E.g., Right to work (MGNREGA), right to food (NFSA), right to vote (currently)
Relevance : GS 2(Polity , Constitution )
What Does Article 326 Say?
- Article 326 of the Constitution:
- Provides for universal adult suffrage in Lok Sabha and State Assembly elections
- Right to vote given to every citizen above 18 years, not otherwise disqualified
- Actual implementation is through statutory laws — primarily the Representation of the People Act, 1951
What is Section 62 of the Representation of the People Act, 1951?
- Section 62(1): Every person whose name is in the electoral roll is entitled to vote
- Section 62(2): No person shall vote in more than one constituency
- Section 62(5): Disqualifies a person from voting if in prison, except under preventive detention
- This section has been controversial for denying voting rights to undertrial prisoners
What Have Courts Said on Right to Vote?
| Case | Year | Court’s View |
| N.P. Ponnuswami | 1952 | Right to vote is a statutory right |
| Jyoti Basu | 1982 | Not a fundamental or common law right — purely statutory |
| PUCL v. Union of India | 2003 | Right to vote is at least a constitutional right (Justice Reddy’s opinion) |
| Kuldip Nayar | 2006 | Constitution Bench reaffirms statutory nature of voting |
| Raj Bala case | 2015 | Division Bench calls it a constitutional right (based on PUCL) |
| Anoop Baranwal case | 2023 | Majority reiterates: right to vote is only a statutory right |
Justice Ajay Rastogi’s Partial Dissent (Anoop Baranwal, 2023)
- Asserted that:
- Right to vote expresses political choice, which is part of Article 19(1)(a) – freedom of expression
- Voting is intrinsic to free and fair elections, part of Basic Structure
- Though operationalized by statutes, the right originates from Article 326
- Conclusion: Supreme Court should consider elevating right to vote to a constitutional right in spirit, if not form
