Context

Secrecy of ballot is the cornerstone of free and fair elections. The choice of a voter should be free and the secret ballot system in a democracy ensures it, the Supreme Court has held in a judgment.

About

• In the democracy of India, at the time of every election, may it be President of India or local body, the method of secret ballot system is adopted.
• As per the secret ballot system, the voter is given the ballot paper by the presiding officer of the pooling booth.
• The voter goes behind the curtain along with the ballot paper and marks the stamp against the name of the candidate whom he likes to vote.
• With this process, no one comes to know that to whom the voter has given his vote.

Background

• The judgment came on an appeal against the Allahabad High Court decision setting aside the voting of a no-confidence motion in a zila panchayat in Uttar Pradesh in 2018.
• The High Court found that some of the panchayat members had violated the rule of secrecy of ballot.
• It relied on CCTV footage to conclude that they had either displayed the ballot papers or by their conduct revealed the manner in which they had voted.

Court’s view

• It is the policy of law to protect the right of voters to secrecy of the ballot.
• Even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of franchise.
• The principle of secrecy of ballots is an important postulate of constitutional democracy.
• The Court referred to Section 94 of the Representation of People Act, which upholds the privilege of the voter to maintain confidentiality about her choice of vote.
• However, a voter can also voluntarily waive the privilege of non-disclosure.
• The privilege ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted.
• No one can prevent a voter from doing. Nor can a complaint be entertained from any, including the person who wants to keep the voter’s mouth sealed as to why she disclosed for whom she voted.
  
  

Right to Vote in India In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications.  Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18.  Further, Section 62 of the Representation of Peoples Act (RoPA), 1951 states that every person who is in the electoral roll of that constituency will be entitled to vote.