Relevance : GS Paper II
Simply the act of voting that is enough: rather, voting must take place as part of a free and fair election.
The Supreme Court’s efforts towards free and fair elections
- The Supreme Court has given many judgments on this issue:
- These include, for example,
- the citizen’s right not to be arbitrarily denied the vote
- the right to know; and
- the right to a secret ballot
Need of an independent judiciary
Any competitive process must be enforced by an impartial umpire. Ground rules of electoral competition need to be maintained. This task can’t be left to political actors.
Gap between judicial rhetoric and enforcement
- First, the right to know has been violated by the electoral bond scheme.
- Second, political parties can determine voting outcomes at the level of individual booths which destroys the concept of the secret ballot.
- Third, the freedom to vote gets violated when voters’ names are deleted from electoral rolls
- And lastly, public faith in the electoral process has been affected by EVM controversy.
Conclusion
The Supreme Court with its rhetoric without enforcement remains an ineffectual angel.
