Right to Abstain from voting exists with the Voters like it exists in the Parliament voting machines
The case looked at the constitutional validity of Rule 41(2) and (3) as well as 49O of the Representation of People’s Act and Rules. The case examined the right of ‘secrecy of the vote’ that exists with the voter with respect to his/her/their right to not vote. The dicussion revolved around first determining if such Right is a Fundamental Right or a Statutory/Constitutional Right. Court ruled that it is merely a statutory right. The ASG held a firm stance that the secrecy of the Ballot can only apply to those who have casted their vote and not to those who have not casted their vote at all. “A positive ‘right not to vote’ is a part of expression of a voter in a parliamentary democracy and it has to be recognized and given effect to in the same manner as ‘right to vote’.”
Case Name
People's Union for Civil Liberties and Ors. Vs. Union of India (UOI) and Ors.
Court
Supreme Court
Litigation Status
Completed
Type of litigation file
Judgement