Negative Voting
There is an ongoing controversy regarding negative voting. The Election Commission has been pitching for a provision for "Negative Voting", the Government is not convinced. This has led to a Public Interest Litigation under Article 32 of the Constitution by the People's Union for Civil Liberties (PUCL).
The main controversy in this particular case is that whether "Right to Vote is a Fundamental Right of Not?" In the History the Supreme Court of India has held that Right to Vote is a Statutory Right and not a Fundamental Right. The problem in this particular case is that if Right to Vote is considered as a Statutory Right then the present Writ Petition under Article 32 is liable to be dismissed in the first instance. Only when it is decided that the Right to Vote is a Fundamental Right, can the present petition be heard.
Considering for a Second that the Right to Vote is a Fundamental Right and not aStatutory Right, the next question that comes is "can it not be said that Negative Voting means Waiving of the Right to Vote?" A citizen knowing that Right to Vote is a Fundamental Right goes to the Polling Booth without and compulsion and casts a "Negative Vote", is not this waiver of Right to Vote?
The Supreme Court in Bashesar Nath's Case has held that Fundamental Rights cannot be Waived even with the consent of the citizen. Similarly, in Behram Vs State of Bombay also the Supreme Court held that none of the Fundamental Rights can be waived by an Individual even though he may be primarily benefited by them.
The main issue in this particular case does not end with deciding whether right to vote is a Fundamental right or not. The Supreme Court has to decide whether "Negative Voting" means Waival of Right to Vote or not?
About the Author:
Xavier A.K
LL.M,Student,Dr. Ambedkar Govt. Law College,Kalapet, Pondicherry.
Receiver of Two Gold Medals in Law.