On Wednesday, the Supreme Court directed the Union government to produce the file pertaining to the appointment of Election Commissioner Arun Goel. It also disagreed with the Election Commission, stating that the right to vote is a constitutional right rather than a statutory one. The counsel for the Election Commission of India testified during the hearing that the right to vote is a statutory right.

The counsel then read Article 326 of the Indian Constitution, which is as follows:

"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" (Note : At the time of adoption of the Constitution, the age for voting was 21 years, which was subsequently reduced to 18 years).

"The Constitution has contemplated giving the right. That is the fundamental thing. It was 21 years initially, and was lowered to 18 years. The ancillary law making is contemplated for giving it teeth and flesh. The disqualification cannot be enlarged by the legislature. What are the disqualifications are mentioned in Article 326 itself", the judge said.

Case Title: Anoop Baranwal v. Union of India

Citation: WP(C) No. 104/2015

Link: https://main.sci.gov.in/supremecourt/2015/1458/1458_2015_4_501_39985_Order_23-Nov-2022.pdf