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Congress seeks ‘fundamental right’ status for voting, cites name deletions in SIR

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The Congress on Jattvibeday renewed its demand for the right to vote to be recognised as a fundamental right, arguing that stronger constitutional protection was needed to guard against alleged voter suppression and arbitrary exclusions from electoral rolls that had occurred in different states in “astronomical numbers” under the SIR (special intensive revision) exercise.Senior Congress leader and Rajya Sabha MP Jairam Ramesh said recent developments had highlighted the need for greater judicial oversight of the electoral process. He alleged that the functioning of the Election Commission of India had raised concerns and argued that elevating voting rights to the status of a fundamental right would provide citizens with stronger legal safeguards.Drawing a parallel with a recent Supreme Court ruling that recognised the right to walk on a footpath as part of fundamental freedoms guaranteed under the Constitution, Ramesh questioned why voting, a cornerstone of democracy, continued to be treated only as a statutory right.The Congress leader recalled debates in the Constituent Assembly, saying leaders such as BR Ambedkar and Jagjivan Ram had favoured making voting a fundamental right, while others, including Vallabhbhai Patel and C Rajagopalachari, believed universal adult franchise enshrined in the Constitution would sufficiently protect the principle.According to Ramesh, the debate has remained unresolved for more than seven decades. He pointed to judicial observations, including a dissenting opinion in the 2023 Anoop Baranwal case, which viewed voting as a fundamental right.He further noted that the Supreme Court had already recognised several rights associated with voting, including voters’ access to information about candidates, ballot secrecy and the option to reject all candidates through NOTA. He argued that, in the aforementioned context, retaining the core right to vote as merely statutory was an anomaly.Ramesh said granting constitutional protection to voting rights would strengthen democratic safeguards, enhance judicial scrutiny of electoral processes and help prevent large-scale voter exclusions or disqualifications, including those alleged during special revision exercises of electoral rolls in various states.

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