RIGHT OF THE VOTERS

11 Apr 2024 RIGHT OF THE VOTERS

THIS ARTICLE COVERS ‘DAILY CURRENT AFFAIRS’ AND THE TOPIC DETAILS OF ”RIGHT OF THE VOTERS”. THIS TOPIC IS RELEVANT IN THE “POLITY AND GOVERNANCE” SECTION OF THE UPSC CSE EXAM. 

Why in the news? 

On Tuesday, the Supreme Court (SC) said that candidates contesting elections need not disclose every moveable property owned by them or their dependents. The apex court said that candidates need to disclose property information that is of substantial value or reflects a luxurious lifestyle. Moreover, the SC said a voter had no absolute right to know about each and every candidate’s assets and that a candidate had the right to privacy regarding matters irrelevant to his/her candidature.

BACKGROUND OF THE JUDGEMENT: 

• This observation came after the Supreme Court upheld the election of Karikho Kri from Tezu, an independent MLA, in the 2019 Arunachal Pradesh Assembly Elections.
• The apex court’s decision overturned the Gauhati High Court’s decision, which declared Karikho Kri’s election null and void.
• The top court set aside the Gauhati High Court order that declared Karikho Kri’s election from the Tezu assembly constituency in the Lohit district in 2019 as void.
• In the petition, Karikho Kri’s opponent claimed that the MLA “exercised undue influence” by not disclosing three vehicles his wife and son owned while filing his nomination.
• The Gauhati High Court court gave the verdict in response to an election petition filed by Congress candidate Nuney Tayang, challenging the declaration of the 2019 Assembly election result. Tayang alleged that Kri made false declarations for not disclosing in Form 26 of the Conduct of Election Rules, 1961, that he occupied a government-allotted MLA cottage in Itanagar.
• SC ruled that defects were “insubstantial” in character.
• SC said that balancing the right of voters to know with the right to privacy of a candidate. Candidate’s right to privacy will still survive in matters that are of no concern to voters or are irrelevant to his candidature for public office.

CERTAIN RIGHTS OF THE VOTERS IN INDIA: 

In India, the Constitution and electoral laws protect several rights of voters. These rights ensure the integrity of the electoral process and empower citizens to participate freely and fairly. Some of the key rights of voters in India include: 

• • Right to Vote: Every Indian citizen who is 18 years of age or older has the right to vote in elections, Subject to certain conditions such as registration in the electoral roll. 
  • Right to Know: Voters have the right to access information about candidates for office, including their criminal background, educational qualifications, and financial assets.  
  • Right to Secret Ballot: Voters can cast their votes secretly without fear of coercion or intimidation. The secrecy of the ballot is maintained to ensure voters’ freedom of expression. 
  • Right to Recourse: Voters have the right to recourse if they believe their rights have been violated or encounter any irregularities during the electoral process. They can file complaints with the Election Commission or approach the judiciary for redressal. 
  • Right to Non-Discrimination: Every voter has the right to exercise their franchise without facing any discrimination based on caste, religion, gender, or any other factor. The principle of universal adult suffrage ensures that every citizen’s vote carries equal weight. 
  • Voting Rights of Prisoners: The Indian constitution and the guidelines of the ECI do not permit an imprisoned person to vote in the country’s upcoming elections. 
  • Voting rights of NRIs: Voting rights for NRIs were introduced in 2011 after an amendment to the Representation of People Act 1950. Therefore, NRIs can now cast their vote in their place of residence, as mentioned in their passport. They can also opt for the postal ballot option.

The right to vote is vital for raising one’s voice in a democracy. Voting ensures the spirit of democracy, as citizens shape the country’s future and, thereby, their own.

Who Can Vote in India?

The Indian Constitution grants the right to vote to all citizens of India irrespective of their race, caste, religion, gender and colour. Some eligibility criteria are: 

1. 1. The individual must be a citizen of India.
   2. The minimum age of the individual should be 18 years old.
   3. Citizens must register as voters in the electoral rolls of their respective constituencies to exercise their voting rights.
   4. Individuals should not be convicted of certain offences and serve a sentence in prison or should not be declared disqualified by the Election Commission for electoral malpractices.

The right to vote is guaranteed under Article 326 of the Constitution of India. This article states that “the elections to the House of the People and the Legislative Assembly of every State shall be based on adult suffrage.” Voting is a constitutional right and civic duty that is essential for democracy’s functioning.

Download Yojna daily current affairs eng med 11th April 2024

PRELIMS PRACTISE QUESTIONS

Q. Consider the following statements: 

1. Prisoners can participate in voting because the right to vote is the fundamental right.
2. The 61st Constitutional Amendment Act reduced the voting age from 21 years to 18 years.
3. The Election Commission of India is authorized to conduct the State Assembly Elections.

How many of the above statement/s is/are correct? 

A. Only one 

B. Only two 

C. All three 

D. None 

ANSWER: B

MAINS PRACTICE QUESTION: 

Q. People’s participation in the election process in India plays a critical role in ensuring a healthy democracy in the country. Critically examine.

Amit Pradhan

I have the experience to guide and write the content for the  UPSC, and PCS Aspirants in preparing for the Civil Service Exam.  Currently Working as a content developer in Yojna IAS.