Chief Election Commissioner v. Jan Chaukidar (People's Watch): A Case Comment

As we know, recently, the Supreme Court of India gave a very important verdict relating to criminalization of politics. In the case of “The Chief Election Commissioner Etc. Versus Jan Chaukidar (Peoples Watch) & Other”, the court held that a person who has no right to vote ceases to be an elector under the Representation of the People Act, 1951 and is therefore not qualified to contest elections.

Provisions of Law Involved

In order to understand the reasoning of the court, it is important to look at the following provisions of law.

1.     Article 326 of the Constitution of India- Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage- The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; but is to say, every person who is a citizen of India and who is not less than twenty one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

2.     Section 2 (e) of the Representation of the People Act, 1951- "Elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950.

3.  Section 16 (1) (c) of the Representation of the People Act, 1950- Disqualifications for registration in an electoral roll - A person shall be disqualified for registration in an electoral roll if he is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

4.     Section 4 and Section 5 of the Representation of the People Act, 1951 mandate that the person must be any elector from any constituency in order to be qualified for the Membership of the House the People and the Legislative Assembly respectively.

5.     Section 62 (5) of the Representation of the People Act, 1951- No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police. Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.

Judgment

Thus, on a plain reading, we see that, every person who is a citizen of India and who is not otherwise disqualified under any law made by the appropriate Legislature on the ground of crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

According to the court, in cases, where a person is confined in the prison, his right to vote gets temporarily suspended. Right to vote is a mere statutory right and such privilege is taken away by the statute when a person is in the prison. In such a case, an elector would not be qualified to vote even though his name is entered in the electoral rolls. His name is not struck off, but the essential qualification to be an elector is to be able to vote is not fulfilled in such cases (Article 326). Hence, the person ceases to be an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State.

Remarks

An amendment in this regard has been brought by the Parliament in the Representation of the People Act, 1951 to nullify the effects of this judgment. My comments on this verdict along with the latest amendment shall be discussed in next post.