The Supreme Court of India reiterates that the right to vote and the right to contest elections are not fundamental rights but statutory rights, emphasizing the distinction between the two in an election dispute involving Rajasthan District Milk Unions.
In a recent ruling, the Supreme Court of India reaffirmed that neither the right to vote nor the right to contest elections qualifies as a fundamental right under the Constitution. The bench comprising Justice B. V. Nagarathna and Justice R. Mahadevan made this observation while adjudicating a dispute related to elections to District Milk Unions in Rajasthan.
Relying on precedents such as Jyoti Basu v. Debi Ghosal and Javed v. State of Haryana, the Court held that both rights are purely statutory and exist only within the framework of laws enacted by the legislature. The judgment emphasized a doctrinal distinction: while the right to vote allows participation in the electoral process, the right to contest is a separate and additional right subject to stricter qualifications, eligibility norms, and disqualifications.
The Court criticized the High Court for conflating these two rights and clarified that regulations governing eligibility to contest elections do not infringe upon the right to vote. It upheld the validity of bye-laws that prescribe criteria for contesting elections to cooperative bodies, noting that such provisions regulate candidature rather than the exercise of franchise.
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