Introduction
A government of the people, by the people, and for the people is what democracy is by definition. The right to vote is the most potent instrument available to citizens in a democratic system. But people’ obligations don’t stop when they cast their ballots. Additionally, they have important rights against the government that provide civil liberties protection, democratic accountability, and transparency. Voters are empowered by these rights to challenge, criticize, and demand action from public leaders and their elected representatives.
The many rights that citizens have against the government are examined in this blog, along with their importance in a democracy such as India and the legal and constitutional framework that upholds them.
1. Right to Information
The Right to Information (RTI) is one of the most powerful tools available to voters. By giving Indian residents the ability to seek information from any public entity, the RTI Act of 2005 ensures openness and lessens corruption.
Why It Is Important
• Voters can inquire about the use of funds in their community.
• It holds the elected government answerable to the people who elected them to office by allowing citizens to demand information regarding government programs, implementation status, and public works.
RTI makes ensuring that government is transparent and no longer takes place behind closed doors.
2. Right to Question and Criticize the Government
Freedom of expression and speech (Article 19(1) (a) of the Indian Constitution) is fundamental to a democracy. Voters are entitled to voice their disapproval of the government’s shortcomings, policies, and actions.
Real Impact:
• This includes social media debates, blogs, news stories, and nonviolent protests;
• Voters may demand resignations, challenge unfair legislation, and create civic movements such as the farmers’ protests or Anna Hazare’s anti-corruption movement.
The courts have consistently affirmed people’ right to dissent, which is fundamental to democracy, even though this freedom is not unqualified (subject to reasonable constraints).
3. Right to Legal Remedies and Judicial Review
Voters have the right to seek remedy from the judiciary if a government policy or action violates their constitutional or legal rights. Under Article 32 and Article 226 of the Constitution, people can file writ petitions in the Supreme Court and High Courts, respectively.
Common Uses: • Contesting government-passed legislation that infringes upon basic rights.
• Bringing Public Interest Litigations (PILs) against the government for corrupt actions or environmental infractions.
• In the event of administrative negligence, requesting damages or taking action.
This legal system offers a nonviolent way to protest abuses or injustices while also holding the government accountable.
4. Right to Protest and Assemble Peacefully
Voters can voice their displeasure with government actions or policies by exercising their right to peaceful assembly and protest (Article 19(1)(b)). Protests are protected as long as they are law-abiding and nonviolent.
Protests against the Citizenship Amendment Act (CAA) are one example.
• The India against Corruption initiative.
• Protests by trade unions and Bharat Bandh.
Voters’ demands for action on pledges or policy changes, as well as their holding the government responsible, are reflected in these movements.
While Madhya Pradesh and Chhattisgarh have instituted a Right to recall mechanism for local body elections, the country does not have a formal system in place for elected MPs or MLAs at the national level. Nonetheless, in future elections, people always have the option to run against and remove ineffective or corrupt regimes.
Accountability Mechanisms:
• Voters have the right to ask their representatives for performance reports.
• RTI can be used to reveal financial mismanagement or non-performance.
Campaigns by civil society can sway public opinion to compel resignations or other acts.
6. The ability to take part in governance
In a democracy, voters are more than just observers. Citizens are entitled to engage in government and policymaking through ward committees, gram sabhas, online grievance procedures, and citizen charters.
7. Right against Discrimination and Oppression
The way it operates is that Panchayat Raj institutions and urban local bodies promote voting.
Decentralization and participatory government are made possible by laws like the 73rd and 74th Amendments, while public discussions and policy recommendations are made possible by online resources like MyGov.in.
Through participation, the public and the government may better communicate.
8. Right to Free and Fair Elections
Voters cannot be subjected to caste, religious, gender, or political discrimination by the government. Equal treatment and legal protection are guaranteed under Article 14 (Right to Equality), Article 15 (Prohibition of Discrimination), and other fundamental rights.
In actuality, voters have the ability to speak out against injustices in resource allocation, communal politics, and caste-based crimes.
In Practice:
• Administrative complaints or legal action can be taken to contest any bias in employment, subsidies, programs, or services.
This guarantees that the government represents society as a whole, not just its supporters.
Only when elections are free, fair, and transparent does the right to vote itself have any real significance. During the election process, the Election Commission of India (ECI) makes sure that no governing government abuses its authority.
Protective measures:
Safeguards:
- Model Code of Conduct limits the misuse of government machinery.
- Voters can report bribery, threats, or illegal campaigning through ECI apps.
- Vigilant citizens can act as whistle-blowers against booth capturing, fake voting, or rigging.
Voters have the right to demand electoral reforms and accountability from both the ECI and the government.
Conclusion
Voters are more than just passive electors who cast ballots once every five years in a democracy. They are stakeholders, participants, and watchdogs in the governance process. The Indian Constitution offers a robust set of rights that enable citizens to demand transparency, hold the government responsible, and take part in public life.
However, understanding and utilization of these rights are necessary for their efficacy. A knowledgeable voter who is aware of their rights has significantly more clout than a disinterested one. To guarantee that voters can effectively exercise their rights against the capriciousness, inefficiency, or corruption of the government, civic education, digital access, and community mobilization are essential. As citizens, we must remember: democracy does not end at the ballot box. It begins there.
– Dr. Sandeep Gehlot, Associate Professor
Faculty of law, Madhav University