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The Congress connected Sunday (June 21, 2026) made a beardown transportation for making the close to ballot a cardinal right, saying it would beryllium a almighty measurement successful putting successful spot safeguards against elector suppression oregon arbitrary disqualifications that person taken spot successful antithetic states successful “astronomical numbers” nether the Special Intensive Revision (SIR) process.
Congress person Jairam Ramesh said that with the “blatantly partisan functioning” of the Election Commission of India (ECI) “working astatine the behest” of Prime Minister Narendra Modi and Union Home Minister Amit Shah having been brutally exposed, it is present clip to elevate the close to ballot arsenic a cardinal close that would connection it the highest level of judicial reappraisal and protection.
Mr. Ramesh pointed retired that connected Friday (June 19, 2026) a two-judge seat of the Supreme Court declared the right to locomotion connected a footpath arsenic a cardinal right nether the Constitution.
The Constituent Assembly had acceptable up an Advisory Committee connected Fundamental Rights, Minorities and Tribal and Excluded Areas nether the Chairmanship of Sardar Patel. In its gathering held connected April 21-22 1947, determination was an animated treatment connected making the close to ballot a cardinal close with Dr. Ambedkar and Babu Jagjivan Ram arguing powerfully successful its favour, helium recalled.
Sardar Patel, C. Rajagopalachari, and immoderate others took the presumption that if the close to ballot were made a cardinal right, the princely states whitethorn beryllium reluctant to articulation the Indian Union and that it is capable to supply for a cosmopolitan big franchise successful the Constitution, Mr. Ramesh said.
“Sardar Patel himself took the presumption that cosmopolitan big franchise was, successful itself, an implicitly cardinal right. This is the inheritance to Article 326 which provides for elections based connected cosmopolitan big suffrage,” helium said.
Over the past 7 decades determination has been a continuing statement connected whether the close to ballot is simply a statutory close provided by the Representation of People Act, 1951 oregon is an explicit cardinal right, helium said.
“Different views person been expressed. Most recently, Justice Ajay Rastogi, successful a dissenting sentiment successful the Anoop Baranwal vs Union of India judgement of March 2023 held that the close to ballot is simply a cardinal right,” Mr. Ramesh pointed out.
The Supreme Court has itself recognised that voters person a Constitutional and cardinal close to cognize the transgression antecedents of candidates, their fiscal interests, and sources of governmental funding, helium said.
“It has protected ballot secrecy and recognised the close to cull each candidates done NOTA. It is, therefore, each the much anomalous that the close to ballot remains lone a statutory right. All surrounding rights person been declared cardinal but the halfway without which the erstwhile cannot beryllium inactive remains statutory,” Mr. Ramesh argued.
“With the blatantly partisan functioning of the Election Commission of India moving astatine the behest of the Prime Minister and the Union Home Minister having been brutally exposed, it is present clip to elevate the close to ballot arsenic a cardinal close that would connection it the highest level of judicial reappraisal and protection,” helium said.
“It would beryllium a almighty measurement successful putting successful spot safeguards against elector suppressions oregon arbitrary disqualifications that person taken spot successful antithetic states successful astronomical numbers nether the SIR (special intensive revision) process. It would besides mean greater Supreme Court vigilance implicit the functioning of the Election Commission,” Mr. Ramesh said.
Editorial | Right of way: On the close to locomotion connected demarcated footpaths
On Friday (June 19, 2026), arsenic the Supreme Court ruled that the close to locomotion connected a demarcated footpath is simply a cardinal right, Mr. Ramesh had said however astir declaring the Right to Vote besides a cardinal right, arsenic it is of paramount value successful bid to prevention Indian ideology from its contiguous “death spiral”.
In a important verdict, the apical tribunal held that this close shall person precedence implicit motorised vehicles connected demarcated paths and it forms portion of the close to question guaranteed nether Article 19 (1) (d) and different cardinal rights, including Article 21 (right to beingness and liberty).
A Bench of justices P.S. Narasimha and A.S. Chandurkar held that a citizen’s cardinal close to locomotion connected a demarcated footpath is superior and shall person precedence implicit question by motorised vehicles.
