Model answer & approach
- Is the right to vote a fundamental right ? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters ? (Answer in 150 words)
Introduction
The right to vote is not a Fundamental Right; it is a constitutional right under Article 326 whose exercise is regulated by the Representation of the People Act, 1950.
Body
Role of Election Commission:
1. Under Article 324 and Section 21 of the RPA, 1950, the ECI supervises preparation and revision of electoral rolls.
2. It must ensure inclusion of every eligible citizen while removing deceased, shifted, duplicate or otherwise disqualified electors.
3. Revision must follow natural justice—notice, opportunity of hearing, reasoned decisions and statutory appeals.
4. In ADR v. ECI (2026), the Supreme Court upheld the ECI’s power to undertake Special Intensive Revision of electoral rolls.
5. The ECI may conduct a limited inquiry into citizenship, since only citizens can vote under Article 326. However, it cannot finally determine citizenship; disputed cases must be referred to the competent authority under the Citizenship Act.
Conclusion
Thus, electoral-roll revision must balance electoral integrity with universal adult franchise, while citizenship adjudication ultimately remains outside the ECI’s domain.
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