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MAINTENANCE OF SECRECY OF VOTING IS “A MUST”: SUPREME COURT OF INDIA

MAINTENANCE OF SECRECY OF VOTING IS “A MUST”: SUPREME COURT OF INDIA

Context:

Recently, the Supreme Court of India mentioned that in any election, be it to Parliament or State legislature, the maintenance of secrecy of voting is “a must”. It reiterated its 2013 judgement in the People's Union for Civil Liberties case.

Highlights of the Recent Judgement On:

  1. Fundamental Right
  • Secrecy is a part of the fundamental right of freedom of expression.
  • The confidentiality of choice strengthened democracy.
  1. Basic Structure
  • Democracy and free elections were a part of the Basic Structure of the Constitution.
  1. Unlawful Assembly
  • When the unlawful gathering is set up in pursuit of the common object, every individual from the unlawful assembly is guilty of the offence of rioting.
  • The utilization of the force, despite the fact that it is the smallest possible character by any one individual from the assembly, once settled as unlawful, constitutes rioting.
  • It isn't required that force or violence should be by everything except the risk built to every member of the unlawful assembly.
  • The definition of 'unlawful assembly', as indicated by Indian law, is set down in Section 141 of the Indian Penal Code.
  1. Booth Capturing
  • Booth capturing and/or bogus voting ought to be managed with iron hands, since it at last influences the rule of law and democracy.
  • It's not possible for anyone to be allowed to weaken the right to free and fair election.

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