Supreme Court dismisses PIL seeking the declaration of the right to vote as the fundamental right

On March 11, 2024 (Monday), the Supreme Court (SC) of India dismissed a PIL (Public Interest Litigation) seeking the declaration of the right to vote as the fundamental right. While hearing the matter, Chief Justice of India DY Chandrachud highlighted the necessity for a live controversy to be present before the SC. This live controversy further emphasizes the need for a legal dispute to warrant jurisdiction under Article 32 of the Constitution of India. Despite the counsel’s claim regarding an imminent threat to India’s voting rights, the CJI said that no appropriate evidence was found related to the live issue that would justify the court’s intervention. Further, the advocate cited examples from different countries to prove his point. However, the SC pronounced, “We do not find the existence of any such live issue which warrants the jurisdiction under Article 32. We dismiss without expressing upon the merits.” During the proceedings, a previous judgment of the SC was mentioned where the right to vote was defined as a constitutional right rather than a fundamental right with a 4:1 majority.