The Supreme Court of India recently underscored the importance of maintaining the secrecy of voting in all elections, whether they be for Parliament or State legislature. This decision reaffirms its judgement in the People’s Union for Civil Liberties case of 2013.
The Key Aspects of the Recent Judgement
The recent judgment highlighted several significant factors related to voting and democracy. The major highlights of the ruling included:
Voting Secrecy as a Fundamental Right
The court upheld that the secrecy of voting is an integral part of the fundamental right of freedom of expression. It noted that the confidentiality of a citizen’s choice strengthens the democratic process.
Basic Structure of Constitution
Free elections and democracy form an essential part of the Basic Structure of the Constitution. The ‘basic structure’ concept was first established in the monumental Kesavananda Bharati vs State of Kerala case in 1973.
Strong Stance on Booth Capturing
The ruling clearly stated that booth capturing and bogus voting should be dealt with rigorously as these practices ultimately harm the rule of law and democracy. No one can be allowed to dilute the right to free and fair elections.
Unlawful Assembly and Rioting
The court clarified that if an assembly is established as unlawful with a common objective, then each member is guilty of rioting. The minimal use of force by any one member would constitute rioting. It’s not necessary for all members to use violence; liability accrues to all members of the unlawful assembly. Section 141 of the Indian Penal Code defines an ‘unlawful assembly’.
Judgement in People’s Union for Civil Liberties case, 2013
Two main principles emerged from this Supreme Court judgement. The first principle is that the right to vote also includes the right not to vote or the right to reject. This means that every voter has the right to choose none of the candidates during an election, underlining the freedom of speech and expression. The introduction of a ‘None of the Above’ (NOTA) button enhances public participation in the electoral process.
The second principle is the Right to Secrecy which allows an elector to cast their vote without any fear of repercussions, duress, or coercion as per Article 21 of the Indian Constitution. Safeguarding the identity of the elector and ensuring secrecy is integral to free and fair elections. Drawing an unfair distinction between a voter who casts their vote and one who does not, infringes on Article 14, Article 19(1)(a), and Article 21 of the Indian Constitution. Furthermore, Article 21(3) of the Universal Declaration of Human Rights and Article 25(b) of the International Covenant on Civil and Political Rights also pertain to the “Right to secrecy”.
Other Related Judgements
In an earlier judgement, the Supreme Court of India had stated that the principle of secrecy of ballots is a crucial tenet of constitutional democracy. It referred to Section 94 of the Representation of People Act (RPA) 1951, which protects the voters’ right to confidentiality regarding their choice of vote.
