The Supreme Court recently underscored the importance of the secrecy of ballot in maintaining free and fair elections. They asserted that a voter’s choice should be unimpeded, something that is ensured by the secret ballot system existing in a democracy.
The Judgement’s Highlights
In the judgement, the Supreme Court referred to Section 94 of the Representation of People Act (RPA) 1951. This section supports the voter’s right to maintain confidentiality about their voting preference. Notably, the Court held a stance that a distinct possibility of a voter being forced to disclose their vote could obstruct their freedom to practice franchise. However, they also acknowledged that a voter can voluntarily waive the privilege of non-disclosure. It means that if a voter willingly discloses their vote, nobody can prevent them from doing so nor file a complaint against them.
Backdrop of the Judgement
The judgement was the result of an appeal against an Allahabad High Court decision. The latter had nullified a no-confidence motion’s voting in a Zila panchayat in Uttar Pradesh in 2018. Some panchayat members had allegedly violated the ballot’s secrecy rule. The Supreme Court directed a re-vote of the motion within two months using the secret ballot system as per Section 28(8) of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.
Re-establishment of Ballot Secrecy
Post the introduction of Electronic Voting Machines (EVMs), the concept of ballot secrecy has turned more notional. Contrary to people’s belief that only they and their trusted ones know about their vote, EVMs provide nearly accurate insights into voting patterns. Since each EVM caters to around 1,400 voters and counts votes individually, a fair idea of voting patterns can be derived. The introduction of totalisers, which can count votes from 14 booths collectively, may maintain the veil on individual booth’s voting patterns and ensure voter confidentiality.
Understanding the Representation of the People Act 1951
To hold impartial elections, framers of the constitution have included Part XV (Articles 324-329) in it and authorized Parliament to enact laws for regulating electoral process. The Election Commission of India (ECI), under Article 324 of the Constitution, supervises free and fair elections in the country. Subsequently, Parliament enacted the Representation of the People Act (RPA), 1950 and 1951. The RPA 1951 governs the electoral process, deals with political parties’ registration, lists qualifications and disqualifications for House members, curbs corrupt practices and offenses, and outlines the procedure to deal with disputes arising out of elections.
Striving for Electoral Fairness
In a democracy, it is crucial that not only are elections conducted in a fair manner but they are also perceived to be fair. To instill faith in the electoral process and ensure vibrant democracy, the Election Commission must uphold voters’ rights to free, fair elections and ballot secrecy. There should be no scope for political parties to influence or intimidate voters based on their voting patterns or indulge in booth management. This approach will contribute towards strengthening the overall democratic structure.
