Fundamental Rights Upheld as Court Declines to Grant Voting Rights Constitutional Status
The recent decision by the Supreme Court to decline consideration of a public interest litigation (PIL) seeking to declare voting rights as fundamental rights has stirred discussions on the judiciary’s role in safeguarding democratic principles in India.
Chief Justice of India, DY Chandrachud, emphasized the court’s need for a live controversy to be present before intervening, citing the requirement for a legal dispute under Article 32 to warrant jurisdiction.
Despite claims from the counsel about an imminent threat to voting rights in India, Chief Justice Chandrachud noted the absence of concrete evidence supporting such a live issue justifying the court’s intervention under Article 32.
The apex court further clarified that it did not identify any existing live issue warranting jurisdiction under Article 32, leading to the dismissal of the plea without expressing any opinion on its merits.
During the proceedings, the advocate representing the petitioner referenced instances from countries like the USA and the UK, where rogue organizations have posed threats to democracy in the past. However, the bench appeared disinclined to delve deeper into the matter, ultimately dismissing the plea without further exploration of its merits.
It’s noteworthy that in a prior case last year, a bench consisting of Justice S Ravindra Bhat and Justice Aravind Kumar emphasized the significance of the right to vote, considering it a constitutional provision enabling every eligible citizen to exercise common suffrage.
During those proceedings, the court remarked on the paradox of not recognizing the right to vote as a fundamental right despite democracy being upheld as a basic feature of the Indian Constitution.
The bench expressed that while democracy is considered an essential aspect of the Constitution, the right to vote is categorized as a mere statutory right, highlighting a discrepancy that requires attention.
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