Right to vote, contest elections not fundamental rights, says SC, calls them ‘statutory’

The Supreme Court of India has clarified that the right to vote and the right to contest elections are not fundamental rights, but statutory rights governed by law. A bench comprising Justices BV Nagarathna and R Mahadevan observed that these rights exist only to the extent provided by legislation and are distinct in nature.

The court emphasised that while the right to vote allows an individual to participate in the electoral process, the right to contest elections is an additional and separate entitlement. It noted that contesting elections is subject to stricter regulations, including qualifications, eligibility criteria, and disqualifications laid down under various laws. The bench reiterated that this distinction has been consistently upheld in previous judicial rulings.

The observations came while hearing a case related to election rules for District Milk Producers’ Co-operative Unions in Rajasthan. The matter involved a challenge to certain bye-laws that prescribed eligibility conditions for contesting elections to the unions’ boards. The Rajasthan High Court had earlier struck down these provisions as being beyond legal authority, prompting an appeal before the apex court.

Setting aside the High Court’s decision, the Supreme Court held that the bye-laws merely outlined eligibility criteria and did not violate constitutional principles. It also noted that cooperative societies generally do not fall under the definition of “State” under Article 12, and therefore, their internal electoral processes may not always warrant judicial intervention under Article 226.

The court further explained that electoral rights such as voting and contesting elections are derived from statutes like the Representation of the People Acts, which define eligibility, disqualifications, and procedural requirements. It underscored that while these rights are essential to democratic participation, they remain subject to reasonable legal restrictions and regulatory frameworks established by law.