Casting of Votes

Casting of votes by citizens is the most visible form of political expression. This is a facet of the right of expression of an individual and is provided under Article 19(1)(a).¹ It must be remembered that the “right to vote” by itself is not a fundamental right, but casting of the vote has been held to be a form of political expression. 

The decision taken by a voter after verifying the credentials of the candidate either to vote or not is a form of expression protected under Article 19(1)(a).²This should be read alongside section 79(d) of the Representation of the People Act, 1951, which defines “electoral right” to include the right of a person to “vote or refrain from voting at an election.” In the landmark case, People’s Union for Civil Liberties v. Union of India, the Supreme Court recognised that the fundamental right under Article 19(1)(a) read with the statutory right under section 79(d) is violated unreasonably if right not to vote effectively is denied and secrecy is breached.²

It is interesting to note that through the PUCL case, the Supreme Court directed the Election Commission of India to provide for the “None of the Above (NOTA)” option in Electronic Voting Machines and ballot papers. This would ensure that those voters, who come to the polling booth and decide not to vote for any of the candidates in the fray, are able to exercise their right not to vote while maintaining their right of secrecy.³

1. Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294; People’s Union for Civil Liberties v. Union of India (2003) 4 SCC 399 [↩]
2. People’s Union for Civil Liberties v. Union of India, (2013) 10 SCC 1 [↩] [↩]
3.  People’s Union for Civil Liberties v. Union of India, (2013) 10 SCC 1 [↩]