SUMIT Vs. CHIEF ELECTION OFFICER

JUDGEMENT

(1.) INDIAN Constitution - Part XV -Elections, under Article 325 says: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex. This Article supports the preparation of one general electoral roll for each constituency, for election to both the houses of Parliament.

(2.) ARTICLE 326 says: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of Adult Suffrage.

(3.) EVERY citizen who is above 18 years of age has a right to vote. This is called Adult Suffrage. This provision is made with the vision of maximum participation and providing an opportunity to the youth to select their leaders. When a citizen casts his vote, he is expressing his opinion or consent in favour of one candidate among several, to represent him and act on his behalf. Hence this right also falls under the scope of right to freedom of speech and expression in Article 19(1)(a) of Indian Constitution and Article 19(1) and (2) of the International Covenant on Civil and Political Rights can be made in his regard.