The Supreme Court has decided not to entertain a petition requesting the declaration of the right to vote as a fundamental right, stating that it cannot intervene in the absence of a current, pressing issue.

A bench consisting of Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra rejected a writ petition filed under Article 32 of the Constitution by Devadipta Das and another individual.

The petitioner, a practicing advocate, invoked the jurisdiction under Article 32 of the Constitution, seeking a declaration that the right to vote is a fundamental right derived from Articles 14, 19, and 21 of the Constitution.

He requested a referral of the decision in 'Kuldip Nayar & Ors vs Union of India & Ors' (2006) to a bench comprising seven judges.

"Interesting though the argument of the petitioner is, it is well settled that in constitutional cases, the Court does not exercise its jurisdiction in the absence of a live issue," the bench said.

In the case of 'Kuldip Nayar Vs Union of India & Ors' (2006), a five-judge Supreme Court bench determined that the right to vote is not a fundamental right but rather a statutory right.

In July 2023, a two-judge bench of the Supreme Court emphasized that the right to vote, founded on an informed choice, constitutes a vital aspect of the essence of democracy. However, paradoxically, this right has not been officially recognized as a fundamental right; instead, it is categorized as a "mere" statutory right.

The court made these observations while deliberating on a challenge to the Telangana High Court's decision, which had dismissed an application requesting the rejection of the election petition filed against BRS MP Bhim Rao Baswanth Rao Patil.