Right to vote should be a fundamental right: Jairam Ramesh

Congress leader Jairam Ramesh pointed out that on June 19, 2026, a two-judge bench of the Supreme Court had last declared the right to walk on the footpath a fundamental right under the Constitution. File. | Photo credit: The Hindu

The right to vote should be recognized as a fundamental right to ensure the highest level of judicial review and protection along with safeguards against suppression or arbitrary exclusion of voters during exercises such as “Special Intensive Revision” (SIR), Sr. Congress President Jairam Ramesh said on Sunday (June 21, 2026).

Mr. Ramesh made the remarks in the context of a recent Supreme Court judgment that declared the right to walk on footpaths a fundamental right. Providing a historical context for the development of fundamental rights and electoral provisions, he argued that while the Supreme Court had in the past recognized the right of voters to know candidates’ criminal records, financial interests and sources of funding, and protected the secrecy of the ballot and enabled NOTA, voting itself continued to be a legal right. “All related rights are fundamental, but not the fundamental right on which it depends,” he said.

He said that the promotion of suffrage has become essential in the present situation. “As the blatantly partisan functioning of the Election Commission of India working at the behest of the Prime Minister and Union Home Minister has been brutally exposed, now is the time to elevate the right to vote as a fundamental right that would give it the highest level of judicial scrutiny and protection,” he said.

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“It would be a strong step to introduce safeguards against voter suppression or arbitrary disqualification, which have occurred in various states in astronomical numbers under the SIR (Special Intensive Review) process. It would also mean greater vigilance by the Supreme Court over the functioning of the Election Commission,” he added.

Constituent Assembly Debates

Referring to the Constituent Assembly debates, Mr. Ramesh said an Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas was set up under Sardar Patel. At its meeting on 21-22 In April 1947, there was discussion about making the right to vote a fundamental right. Dr. BR Ambedkar and Babu Jagjivan Ram supported the proposal, he said, while Sardar Patel, C. Rajagopalachari and others opposed it, arguing that such a move might deter princely states from joining the Union and that a universal adult permit in the Constitution would suffice.

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“Sardar Patel himself took the position that universal adult suffrage was itself an implicit fundamental right. This is the background of Article 326 which provides for elections based on universal adult suffrage,” he said.

Mr. Ramesh said there has long been a debate whether the right to vote is purely statutory under the Representation of the People Act, 1951 or an express fundamental right. He cited the dissenting opinion of Justice Ajay Rastogi in Anoop Baranwal Vs. Union of India in March 2023 which held that the right to vote is a fundamental right.

Published – 21 Jun 2026 15:41 IST