UPSC Previous Year Question | Mains GS2 | 2026

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)

Answer

Introduction

The right to vote is principally a constitutional and statutory entitlement, while the act of expressing electoral preference has an Article 19(1)(a) dimension.

Nature Of The Right To Vote

Article 326 and the Representation of the People Act, 1950 regulate adult suffrage, subject to citizenship, age and disqualifications. Jyoti Basu and Kuldip Nayar distinguish the statutory right to vote from Fundamental Rights; PUCL recognises voting choice as political expression.

Eci Powers And Procedural Limits

Article 324 gives the ECI superintendence over elections and electoral rolls, reinforced by Section 21 of the RP Act. It may conduct revision, remove dead, shifted, duplicate or ineligible entries, and hear claims and objections. The process must be transparent, proportionate and accompanied by notice, opportunity to respond and appeal; revision cannot become mass exclusion.

Citizenship Inquiry

Citizenship is an eligibility condition under Article 326 and Section 16, so the ECI may conduct a limited, prima facie inquiry for enrolment. It cannot conclusively determine citizenship under the Citizenship Act; doubtful cases require referral to the competent authority. Deletion from a roll affects electoral entitlement, not citizenship itself.

Keywords

Article 324; Article 326; Article 19(1)(a); RP Act 1950; Section 16; electoral integrity; due process; limited citizenship inquiry

Topics: constitutional bodies, election commission of india, elections, electoral-roll revision