New Delhi, April 11: The Supreme Court of India has held that the right to vote and the right to contest elections are not fundamental rights but statutory rights, reaffirming that they can be regulated through laws and prescribed eligibility conditions.
A Bench comprising R. Mahadevan and Sanjay Karol delivered the ruling while upholding eligibility norms for candidates contesting elections to cooperative dairy bodies in Rajasthan. The court clarified that both rights exist only to the extent provided by statute and are subject to legislative control.
The Bench drew a distinction between the two rights, stating that the right to vote allows participation in the electoral process, while the right to contest elections is a separate and additional entitlement. It observed that the right to contest can be subjected to qualifications, eligibility criteria and disqualifications under the law.
The judgment came in a dispute over bye-laws framed by District Milk Producers’ Cooperative Unions in Rajasthan, which imposed conditions such as minimum milk supply requirements and performance standards for candidates seeking election to their Boards of Directors.
The apex court set aside a prior decision that had invalidated these bye-laws, holding that the Rajasthan High Court had erred in equating restrictions on candidature with limitations on voting rights. The Bench noted that such an approach conflated two distinct statutory rights.
It ruled that the impugned bye-laws regulated only the eligibility to contest elections and hold office, without affecting members’ right to vote. The court emphasised that the provisions did not interfere with the exercise of franchise but were confined to governance-related criteria for candidates.
The judgment further clarified that statutory rights, unlike fundamental rights, can be shaped, limited or modified by legislation to ensure proper functioning and institutional integrity. It held that restrictions on contesting elections or voting can be valid if they are prescribed through statutory provisions or rules.
By upholding the eligibility conditions, the Supreme Court restored the validity of the cooperative bodies’ bye-laws and allowed the appeal, reinforcing the legal framework governing elections in cooperative institutions.
The ruling provides clarity on the scope of electoral rights in India, underlining the distinction between fundamental rights and statutory entitlements within the country’s legal and constitutional system.
