Supreme Court's role in protecting voter Rights in India

India recently celebrated its 15th National Voters' Day on January 25th, 2025, commemorating the establishment of the Election Commission of India.

- V. ABHINAV DEEP DORA AND AKHILA PENUGONDLA

Since the enforcement of the Indian Constitution, the Election Commission has introduced numerous measures to protect the rights of the voters. However, we cannot ignore the pivotal role played by the Hon'ble Supreme Court of India in safeguarding the interests of the voters.

In Indira Gandhi v. Raj Narain (1975) case the Hon'ble Supreme Court of India ruled that right to free and fair elections are an essential part of the Constitution's basic structure. The court also ruled that the 39th Amendment of constitution which was introduced by Kesavananda Bharathi case i.e., clause (4) of the Article 329A was unconstitutional and the Court held that Parliament cannot amend the Constitution in a way that interferes with its basic structure. Article 329A was considered against these fundamental principles as it creates unfair distinctions and restricts the ability to challenge election results.