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Petitioner sought a reference of the decision in 'Kuldip Nayar & Ors vs Union of India & Ors' (2006) to a bench of seven judges
The Supreme Court has declined to consider a plea to declare right to vote as a fundamental right, saying it would not exercise jurisdiction in the absence of a live issue.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra dismissed a writ petition filed under Article 32 of the Constitution by Devadipta Das and another person.
The petitioner, a practising advocate sought a declaration, while invoking the jurisdiction under Article 32 of the Constitution, that the right to vote is a fundamental right which flows from Articles 14, 19 and 21 of the Constitution.
He sought a reference of the decision in 'Kuldip Nayar & Ors vs Union of India & Ors' (2006) to a bench of seven judges.
"Interesting though the argument of the petitioner is, it is well settled that in constitutional cases, the Court does not exercise its jurisdiction in the absence of a live issue," the bench said.
"Reading the averments in the petition, we do not find the existence of any live issue in relation to the petition which would warrant the exercise of the jurisdiction under Article 32 of the Constitution. We, therefore, are not entertaining the Petition under Article 32 only on that ground without expressing any opinion on the merits of the question sought to be canvassed," the bench added.
A five-judge Supreme Court bench in 'Kuldip Nayar Vs Union of India & Ors' (2006) had held that the right to vote is not a fundamental right but just a statutory right.
In July, 2023, a two-judge bench of the Supreme Court has said the right to vote, based on an informed choice, is a crucial component of the essence of democracy, but somewhat paradoxically, the right has not been recognised as a fundamental right yet as it is termed as a “mere” statutory right.
The court had then made the observations while considering a challenge to the Telangana High Court order, which dismissed an application seeking rejection of the election petition filed against BRS MP Bhim Rao Baswanth Rao Patil.
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