Congress Pushes Strong Demand to Make Right to Vote a Fundamental Right

The debate over whether the right to vote should be elevated to a fundamental right has returned to the centre of political discussion after the Congress made a strong pitch on Sunday, arguing that such a move is essential to safeguard democracy from voter suppression and arbitrary exclusions.

Senior Congress leader Jairam Ramesh said that making voting a fundamental right would ensure the highest level of constitutional protection and judicial scrutiny, especially in the wake of what he described as growing concerns over the functioning of the Election Commission of India and alleged irregularities in electoral processes across several states.

He argued that recent controversies surrounding the Special Intensive Revision (SIR) process have raised serious questions about large scale voter exclusions and disqualifications. According to him, strengthening the constitutional status of voting rights would act as a safeguard against such practices and reinforce public trust in elections.

Ramesh also pointed to a recent observation by the Supreme Court , which held that the right to walk on a demarcated footpath is part of the fundamental right to life and liberty. He used this ruling to highlight what he called an inconsistency in constitutional interpretation, noting that if ancillary rights are fundamental, the core democratic right to vote should also receive similar recognition.

Referring to the framing of the Constitution, he recalled discussions from the Constituent Assembly (1947) when leaders such as Sardar Vallabhbhai Patel , B R Ambedkar , and Jagjivan Ram debated whether voting should be a fundamental right. While Ambedkar and Jagjivan Ram supported the idea, Patel and others argued that universal adult franchise itself was sufficient protection and reflected an implicit fundamental right.

Ramesh noted that over the decades, legal interpretations have varied. He cited judicial opinions, including a dissent in the Anoop Baranwal case , which viewed the right to vote as a fundamental right. He also highlighted that the Supreme Court has already recognised several related protections, including the right of voters to know candidate backgrounds, financial interests, and political funding sources, along with the right to reject candidates through NOTA .

He further said that elevating the right to vote would ensure stronger judicial oversight of electoral institutions and prevent arbitrary disenfranchisement, calling it essential to protect what he described as the core of democratic participation.

The Congress leader also made political remarks alleging that concerns over institutional neutrality have become more visible in recent years, naming Prime Minister Narendra Modi and Union Home Minister Amit Shah in his criticism of the electoral system.