• India
  • Jul 24

SC says secrecy of casting votes is a must in elections

Any attempt of booth capturing or bogus voting should be dealt with iron hands because it ultimately affects the rule of law and democracy, the Supreme Court said while dismissing appeal of men convicted for rioting at a poll booth in Jharkhand.

A bench of justices said freedom of voting is part of freedom of expression and secrecy of casting votes is necessary for strengthening the democracy.

“The essence of the electoral system should be to ensure freedom of voters to exercise their free choice. Therefore, any attempt of booth capturing or bogus voting should be dealt with iron hands because it ultimately affects rule of law and democracy,” the bench said.

Article 19(1)

It deals with protection of certain rights regarding freedom of speech, etc.

19(1) All citizens shall have the right —

a) to freedom of speech and expression

b) to assemble peaceably and without arms

c) to form associations or unions

d) to move freely throughout the territory of India

e) to reside and settle in any part of the territory of India

g) to practise any profession, or to carry on any occupation, trade or business.

• Originally, Article 19(1) contained seven rights. 

• Article 19(1)(f) — the right to acquire, hold and dispose of property — was deleted by the 44th Amendment Act of 1978. 

Freedom of Speech and Expression

• Under this article, every citizen has the right to express his views, opinions, belief and convictions freely by word of mouth, writing, printing, picturing or in any other manner. The Supreme Court held that the freedom of speech and expression includes the following:

• Right to propagate one’s views as well as views of others.

• Freedom of the press.

• Freedom of commercial advertisements.

• Right against tapping of telephonic conversation.

• Right to telecast, that is, government has no monopoly on electronic media.

• Right against bandh called by a political party or organisation.

• Right to know about government activities.

• Freedom of silence.

• Right against imposition of pre-censorship on a newspaper.

The State can impose reasonable restrictions on the exercise of the freedom of speech and expression on the grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence.

Doctrine of Basic Structure

According to this doctrine, there are certain basic structures or basic features of the Constitution, which can’t be abridged or taken away by the Parliament by way of constitutional amendment.

Through various verdicts the judiciary has enunciated the following, among others, as basic features of the Constitution:

• Supremacy of the Constitution

• Republican and Democratic form of government

• Secular character

• Separation of Powers

• Judicial Review

• Sovereignty

• Rule of Law

• Principle of Equality.

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Notes