Rights of Indians: Evolution, changing nature and future prospects. A UPSC Overview.

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Context

Amid the Bihar SIR (Special Intensive Revision) of electoral rolls, the Election Commission has emphasised verifying citizenship status, reviving critical discussions on the legal and constitutional framework of citizenship and voting rights in India. In light of frequent judicial interventions and debates around civil liberties, there’s renewed attention on the nature, extent, and enforcement of rights in India.

Origin and Authority

  • Derived from Constitution (Part III): Articles 12–35.

  • Inspired by American Bill of Rights and Universal Declaration of Human Rights (1948).

  • Enforced by Judiciary under Articles 32 (SC) and 226 (HC).

  • Enumerated in Nehru Report in Pre-Independence India (1928).

Types of Rights in India

  1. Fundamental Rights (FRs) – Enforceable via courts.

    • Right to Equality (Art. 14–18)

    • Right to Freedom (Art. 19–22)

    • Right against Exploitation (Art. 23–24)

    • Right to Freedom of Religion (Art. 25–28)

    • Cultural & Educational Rights (Art. 29–30)

    • Right to Constitutional Remedies (Art. 32)

  2. Legal Rights – Provided by statutes (e.g., RTI Act 2005).

  3. Constitutional Rights – Broader than FRs; includes DPSPs and Statutory Rights derived from Constitution (e.g., Right to Property under Art. 300A).

  4. Human Rights – Recognized under Protection of Human Rights Act, 1993.

Right to Vote in India

1. Constitutional & Statutory Basis

  • Article 326: Grants adult suffrage (≥18 years), subject to legal disqualifications.

  • Operationalised via:

    • Representation of People Act, 1950 (electoral rolls)

    • Representation of People Act, 1951 (conduct of elections)

2. Legal Status – Statutory vs Constitutional

  • Majority view: Right to vote is a statutory right, not enforceable under Article 32

  • Supreme Court judgements:

    • N.P. Ponnuswami (1952), Jyoti Basu (1982): Right is purely statutory

    • PUCL (2003), Raj Bala (2015): Called it both statutory and constitutional

    • Anoop Baranwal (2023): Reaffirmed it as statutory though dissent reflected its democratic value

3. Features & Limitations

  • Positive: Universal adult franchise, eligibility criteria in law.

  • Negative: Not enforceable directly in SC, removable/alterable by Parliament.

  • Conditional: Disqualifications link voter eligibility to statutory provisions.

4. Recent Judicial Pronouncements & Debates

  • Anoop Baranwal (2023): Dissent saw voting as integral to basic structure; may open path to recognition as fundamental right

  • Ongoing SC hearings over Bihar SIR highlight operational thresholds and legal safeguards for electoral roll updates

Key Features

  • Negative Rights: Bar state interference (e.g., Article 19 freedoms).

  • Positive Rights: Demand state action (e.g., Right to Education).

  • Some Absolute: e.g., Article 17 (Abolition of Untouchability).

  • Mostly Limited/Qualified: Subject to reasonable restrictions.

Landmark Judicial Pronouncements

  • Kesavananda Bharati (1973) – FRs part of Basic Structure.

  • Maneka Gandhi v. Union of India (1978) – Expanded scope of Article 21.

  • MC Mehta Cases – Right to clean environment under Article 21.

  • Navtej Singh Johar v. UoI (2018) – Decriminalized homosexuality under Article 14 & 21.

  • Shayara Bano (2017) – Triple Talaq unconstitutional under Article 14.

  • Puttaswamy Case (2017) – Declared Right to Privacy as a Fundamental Right.

Present Challenges

  • Shrinking civil liberties (e.g., misuse of UAPA).

  • Internet shutdowns and arbitrary restrictions (esp. in J&K).

  • Delay in judicial enforcement, undertrials.

  • Balancing FRs with National Security.

Global Comparison

  • Absolute rights in US (e.g., freedom of speech).

  • European countries allow derogations in emergencies.

  • India balances individual rights with public order and morality.

Conclusion

India’s rights regime remains robust, but evolving. The need of the hour is strengthening enforcement mechanisms, ensuring timely judicial review, and upholding the spirit of the Constitution amidst changing socio-political realities.

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