What are the Voters Rights and Responsibilities in India Under RTI?

The right to vote is the strongest medium of raising one’s voice in a democratic nation. The Election Commission of India safeguards the rights of voters in India, enabling any adult in India to cast their votes. The Indian Constitution contains several sections that protect people’s right to vote.

Keep reading to learn everything you need to know about the rights of voters in India.

The Indian Constitution grants the right to vote to all citizens of India irrespective of their race, caste, religion, gender and colour. As per the Election Commission, you are eligible to enrol as a voter in India if you are:

• A citizen of India.
• Aged 18 years on the qualifying date which is 1st January of the year you are about to be registered as a voter in the electoral roll.
• Not disqualified to be enrolled as a voter.
• Ordinary residents of the polling area as per your home address where you want to cast your votes.

The rights of voters in India are granted to one address only. Overseas Indians who are deemed to be ordinary residents at the address mentioned in their passports are also eligible to vote. You will also need to mandatorily show your voter ID card or any other valid identification proof at the polling booth.

In order to vote, all eligible voters need to register their name in the constituency where they reside so that their name appears on the voters’ list (electoral roll). Here are the steps you should follow if you want to register as a voter:

Step 1: Visit the official website of Election Commission of India.

Step 2: Click on ‘Voter Services’.

Step 3: Select the ‘Login/Register’ option and obtain a username and password.

Step 4: Fill up Form 6 and upload a passport-size photo along with your proof of address and age.

Step 5: Download the form if you do not want to submit it online. Fill it up and submit it along with the documents and photo to the voter registration centre or Booth Level Officer (BLO).

Once you have completed the registration process, you can check your name on the voter list using any of the four ways. You can log in to the National Voter’s Service Portal and provide your details. Alternatively, you can send ECI EPIC (elector’s photo identity card number) as an SMS to 1950. 

The other ways are to call the voter helpline number 1950 and enter your STD code or to use the Voter Helpline app.

The rights and duties of voters in India are enshrined and safeguarded by the constitution of India. The right to vote is guaranteed for every citizen of India under Article 326. Here is a list of all rights of voters in our country:

• Right to Know

Voters’ right to know falls under the RTI or Right to Information Act. All voters have the right to know about the candidates who are contesting in the election. As a voter, one can check the details of past records of candidates which might include their criminal record, financial position, election manifesto, etc.

• Right to Not to Vote 

Voters also enjoy the right to participate in the electoral process without having to choose any of the contesting candidates. This is when the voters find none of the candidates worthy of his/her vote. In this situation, voters choose the NOTA (None of the Above) option which means his/her vote goes to none of the contesting candidates.

• Tendered Vote

This is a situation when a person declares themself as a voter and wishes to cast a vote when a vote has already been cast in their name. In this situation if the person can provide proof of identity as per the rules of Election Commission their vote is recorded in a separate ballot paper.

• Voting Rights of NRIs

Voting rights for NRIs were introduced in the year 2011 after an amendment to the Representation of People Act 1950. Therefore, NRIs can now cast their vote in their place of residence as mentioned in the passport. They need to be present in person and must produce their passport in their original at the polling station. They can also opt for the postal ballot option.

• Voting Rights of Prisoners

According to the guidelines of the Election Commission, prisoners do not have permission to vote in any election.

• Voting Rights of Specially Abled and Illiterates

Voters who are unable to cast their vote in polling stations or through postal ballot due to any infirmity can take the assistance of an electoral officer who will record their vote.

Voters’ rights and responsibilities in India include casting votes at the polling booth which prevents fraudsters from misusing their votes. People can cast their votes by visiting their assigned polling booth. For people who are unable to cast a ballot through a polling booth, a postal ballot is a suitable option.

People on election duty like electoral officers and police officers as well as armed forces stationed across the nation and abroad are also eligible to cast a vote via postal ballot. Even people who are above 80 and have a problem travelling up to the polling booth can cast their votes using postal ballots.

According to the rules laid down by the Indian constitution, these people are disqualified from casting their votes:

• A person who is no longer a citizen of India.
• Someone who is declared by a competent court to be of unsound mind.
• A person who is for the time being disqualified under provisions of law relating to corrupt practices and other election-related offences. Section 171E deals with corrupt practices like bribery while section 171F deals with personation or undue influence in elections. People convicted under sections 125, 135 and 136 are also disqualified from voting.
• A person who votes in more than one constituency will be disqualified.

Now that you are aware of the rights of voters in India, you can apply for a voter ID card if you do not already have one to make use of your constitutional right. In case there is any mistake in your voter registration, you can correct it via online or offline modes. You need to fill up Form 8 for this and provide supporting documents for any corrections.