Supreme Court: Right To Vote And Contest Elections Are Statutory, Not Fundamental Rights

The Supreme Court of India has reiterated that the right to vote and the right to contest elections are not fundamental rights but statutory rights created and governed by law, and are therefore subject to regulation and restriction under legal provisions.

A Bench of Justices R Mahadevan and Sanjay Karol delivered the ruling, upholding the eligibility conditions for candidates contesting elections to cooperative dairy bodies in Rajasthan.

The court clarified that both rights exist only to the extent conferred by statute.

The apex court drew a clear distinction between the two rights, stating that they operate in separate domains and do not permit interchangeable treatment. It emphasised that the right to vote pertains to participation in the electoral process through franchise, whereas the right to contest elections is an additional entitlement that can be subjected to qualifications, eligibility criteria, and disqualifications.

The judgment came in response to a dispute over bye-laws framed by Rajasthan’s District Milk Producers’ Cooperative Unions. These rules prescribed conditions such as minimum milk supply and operational performance standards for candidates seeking election to the Board of Directors.

Setting aside the earlier decision of the Rajasthan High Court, the Supreme Court held that the High Court had erred in equating restrictions on candidature with restrictions on voting rights. It observed that the impugned bye-laws regulated only eligibility to contest or continue in office and did not infringe upon members’ voting rights.

The court further noted that legislation can shape or limit statutory rights, unlike fundamental rights, to ensure effective governance and institutional integrity.

Holding the eligibility conditions to be valid and consistent with the statutory framework governing cooperative societies, the Supreme Court allowed the appeal and restored the impugned bye-laws.

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