Context:

Secrecy of ballot is the cornerstone of free and fair elections. The choice of a voter should be free and the secret ballot system in a democracy ensures it, the Supreme Court has held in a judgment.

About:

• All elections except election to Rajya Sabha and State Legislative council are helped in a secret ballot
• As per the secret ballot system, the voter has no obligation to reveal his vote for any candidate or NOTA
• The Court referred to Section 94 of the Representation of People Act, which upholds the privilege of the voter to maintain confidentiality about her choice of vote.
• However, a voter can also voluntarily waive the privilege of non-disclosure.
• The privilege ends when the voter decides to waive the privilege and instead volunteers to disclose to whom she had voted.

Right to Vote in India

• In India, the right to vote is provided by Article 326 and the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifi cations.
• Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18.
• Further, Section 62 of the Representation of Peoples Act (RPA), 1951 states that every person who is in the electoral roll of that constituency will be entitled to vote.