A Study of Supreme Court Judgements on Electoral Reforms in India

Abstract

The largest democratic nation in the world is India, and election commission of India (hereinafter ECI) has effectively framed, implemented and conducted the procedures of “free & fair” elections. Electoral mechanisms were developed in all democratic countries around the world on the basis of individual’s natural rights. The citizen of India has the “right to vote” and it is protected by Indian Constitution under Art. 326. Electoral law ensures that each Indian have “right to vote” once they reached 18 years of age, and no one should be excluded based on caste, creed, sex, gender, faith or other factors, as per the Art. 325 of Indian constitution. “Right to vote” is not only considered as a “statutory right,” but it is also a mechanism for ensuring the duty of the citizens towards the state safeguarding the democratic make-up of society. While the concept of universal adult franchise was only gradually adopted into western societies, it was invoked in India in one stroke to fulfil the promise of the freedom struggle. Elections do not only protect democracy but also invigorates it.