The Supreme Court on Thursday (Noveber 6, 2025) is scheduled to examine the Centre’s argument that the ‘right to vote’ in an election is different from the ‘freedom of voting’, and while one is a mere statutory right the second is a part of the fundamental right to freedom of speech and expression.
The Centre was responding to a petition seeking to declare Section 53(2) of the Representation of the People Act, 1951 and Rule 11 read with Forms 21 and 21B of the Conduct of Elections Rules, 1961, which apply to ‘uncontested elections’, ultra vires the Constitution for violating freedom of speech and expression under Article 19(1)(a).
Section 53(2) kicks in when the number of candid
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