Case Note & Summary
The petitioner, Sri Ravi M, a Non-Resident Indian residing in Saudi Arabia, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the respondents (Union of India, Election Commission of India, State of Karnataka, and Chief Electoral Officer) to provide voting facilities to NRIs in their respective residing countries during elections. The petitioner argued that India being a democratic country should allow NRIs to vote from abroad. The court, after hearing the counsel for the petitioner and the respondents, dismissed the petition. The court held that the right to vote is a statutory right conferred by the Representation of the People Act, 1951, and not a fundamental right. A writ of mandamus cannot be issued to direct the legislature to enact a law or to direct the executive to act beyond the existing legal framework. The court observed that the issue of providing voting facilities to NRIs abroad is a policy matter for the Parliament to decide, and the judiciary cannot interfere in legislative functions. The petition was accordingly dismissed.
Headnote
A) Constitutional Law - Right to Vote - Statutory Right - The right to vote is a statutory right conferred by the Representation of the People Act, 1951, and not a fundamental right under the Constitution of India. The court held that no writ of mandamus can be issued to direct the Election Commission or the Union to provide voting facilities to NRIs abroad as the existing law does not provide for such facility. (Paras 3-4) B) Constitutional Law - Writ of Mandamus - Legislative Function - A writ of mandamus cannot be issued to compel the legislature to enact a law or to direct the executive to act beyond the scope of existing law. The court held that the prayer to provide voting facilities to NRIs in their residing countries is a matter of policy for the Parliament to decide, and the court cannot interfere. (Paras 3-4) C) Election Law - NRI Voting - Representation of the People Act, 1951 - The Representation of the People Act, 1951, does not provide for voting by NRIs in their country of residence. The court observed that the petitioner's grievance is essentially a legislative issue and the court cannot mandate such a facility. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued to direct the respondents to provide voting facility to NRIs in their respective residing countries in elections.
Final Decision
The writ petition is dismissed.
Law Points
- Right to vote is a statutory right
- not a fundamental right
- Writ of Mandamus cannot be issued to direct legislative action
- Courts cannot compel Parliament to enact a law
- NRI voting facility is a policy matter for the legislature
