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Right to Vote in India: From Statutory Entitlement to Constitutional Imperative
General Studies Paper – II: Governance, Constitution, Polity, Social Justice and International Relations.
Context
The cornerstone of a constitutional democracy rests on the political participation and sovereignty of its citizens. In a democratic nation like India, 'Universal Adult Suffrage' has been accepted as the core vehicle of the governance system. Fundamentally, the right to vote is not merely a technical process of choosing a representative, but it is a tangible manifestation of the social contract between the citizen and the state. In contemporary discourse, this question has become highly relevant whether this right should only enjoy statutory protection or, by considering it a basic human right, it should be given full protection under Part-III (Fundamental Rights) of the Constitution.
What is the Right to Vote?
Fundamentally, the right to vote empowers a citizen with direct participation in the political and administrative framework of the country. It is the tool through which sovereignty is actually concentrated in the hands of the public. It includes two main aspects:
- Right to Choose: To make a representative a part of the governance system by casting a vote for one's preferred candidate.
- Expression of Voter's Dissent (NOTA): If a voter does not consider any candidate suitable, they can express their dissent through the 'None of the Above (NOTA)' option.
This right gives citizens the power to fix government accountability, influence policies, and ensure peaceful transition of power without any bloodshed.
Reasons for Recent Discussion
In recent times, this topic has re-entered the center of discussion on the national stage due to the following reasons:
- Revival of Constitutional Discourse: The demand has been strongly raised by prominent political leadership and legal experts in parliament and public forums that the right to vote should now be fully declared a 'Fundamental Right'.
- Shift in Judicial Discourse: In Anoop Baranwal vs Union of India (2023), Justice Ajay Rastogi, in his separate but concurring judgment, interpreted the right to vote not merely as a statutory right but as a constitutional right emanating from Article 326 and broadly linked to Part III of the Constitution. However, this was not a unanimous or definitive principle established by the Constitution Bench.
- Demand for Electoral Reforms: Ongoing debates regarding preventing fake voting in the country, remote voting for non-resident Indians (NRIs/migrants), and further strengthening the secrecy of the ballot paper in the technological era have made it imperative to consider its constitutional status.
The Debate from Statutory Right to Fundamental Right: From History to Present
Since the time of independence, there have been two distinct ideological viewpoints regarding the nature of this right:
- Historical Viewpoint (Statutory Side): The framers of the Constitution did not mention the right to vote in Part III (Fundamental Rights) but placed it under Article 326. Following this, Parliament passed the 'Representation of the People Act' to operationalize it. Consequently, in the initial decades, it was considered purely a 'legal or statutory right', which meant that Parliament could regulate or curtail it according to its convenience.
- Modern Viewpoint (Fundamental Right Side): As Indian democracy matured, jurists argued that the freedom of expression (Article 19) remains incomplete until the right to express one's political will through the ballot paper is granted fundamental status. Today, this debate has reached a point where if democracy itself is a 'basic structure', how can its foundation (the vote) be a mere ordinary legal right.
Historical Judgments of the Supreme Court on the Right to Vote
The Indian judiciary, through its decisions over time, has shifted the interpretation of this right from narrow to broad:
Historical Case | Supreme Court Judgment / Established Principle |
N.P. Ponnuswami vs Returning Officer (1952) | The Court held for the first time that the right to vote and contest elections is not a 'common law' or fundamental right, but merely a statutory right created by law. |
Jyoti Basu vs Debi Ghosal (1982) | In this case, the Court reiterated that the right to elect, no matter how fundamental it is to democracy, is legally purely statutory in nature. |
Kuldip Nayar vs Union of India (2006) | The Constitution Bench clarified again that although democracy forms part of the basic structure, an individual's right to vote originates from legislation. |
UOI vs Association for Democratic Reforms (ADR) (2002) | Making a major shift, the Court held that the 'right to know' about candidates is a fundamental right under Article 19(1)(a). |
People's Union for Civil Liberties (PUCL) vs Union of India (2003) | The Court clarified that although casting a vote is statutory, the 'freedom of voting' is a fundamental right. |
NOTA Judgment (2013) | Recognizing the option of "None of the Above", the Court stated that rejecting all candidates is also a fundamental form of political expression under Article 19(1)(a). |
Relevance of the Debate to Make the Right to Vote a Fundamental Right
Bringing this right under the category of fundamental rights is not just a statutory formality, but has far-reaching impacts:
- Check on State Arbitrariness: If it becomes a fundamental right, the government or the Election Commission will not be able to arbitrarily deprive any citizen of their vote on the grounds of administrative deficiencies or faulty procedures.
- Accessibility to Judicial Remedies: Citizens will be able to directly knock on the door of the Supreme Court (Article 32) upon the violation of their right to vote, thereby granting the highest security to this right.
- Inclusive Democracy: This will compel the state to formulate binding policies to ensure the voting rights of the deprived, poor, and marginalized people of the society (such as migrant laborers).
Constitutionalisation of the Poll Process
Since the beginning of the 21st century, the Supreme Court has started testing electoral processes on the 'constitutional touchstone'. The Court perceived that even if the act of voting is kept statutory, it is imperative to grant constitutional protection to the ecosystem surrounding it.
Under this, the public disclosure of the criminal background, assets, and educational qualifications of candidates was made mandatory so that voters could make an 'informed choice'. Granting constitutional protection to rejection through NOTA and making the secrecy of the ballot paper a part of fundamental rights is evidence of this very constitutionalisation. This process has transformed the voter from a silent and helpless legal citizen into an alert, active, and powerful constitutional regulator of democracy.
Democracy and the Right to Vote
Democracy is not an abstract or imaginary concept; it is a living process that manifests on the ground through elections. The ballot paper is the instrument through which "We, the People of India" exercise our collective sovereignty. Without an effective and unobstructed right to vote, the visualization of 'free and fair elections' is meaningless, which the Supreme Court declared as the basic structure of the Constitution in the Indira Nehru Gandhi case (1975). Therefore, there is an inseparable, organic link between the protection of democracy and the citizens' right to vote.
Constitutional and Legal Provisions
In the Indian system, the right to vote is governed by the following articles and acts:
- Article 326 (Constitutional Provision): It clarifies that the elections to the Lok Sabha and the Legislative Assembly of every state shall be on the basis of 'Universal Adult Suffrage'. Under this, every citizen of India who is 18 years of age or older (and who is not otherwise disqualified) is entitled to be registered as a voter.
- Article 324: Gives the power of superintendence, direction, and control to the 'Election Commission of India' (ECI) for conducting free, fair, and transparent elections in the country.
- Article 19(1)(a): Freedom of speech and expression, under which the Court has included the 'right to know' and the 'freedom to reject'.
- Representation of the People Act, 1950 & 1951 (Legal Provision): These acts provide the core legal framework for preparing electoral rolls, qualifications/disqualifications of voters, conduct of elections, and regulating electoral offenses.
Analysis
The current judicial landscape suffers from a unique paradox; where the essential links required for voting—such as knowing the candidates, maintaining secrecy, and rejecting everyone—are fundamental rights, the actual act of 'voting' itself is still considered merely a statutory right. This situation creates a legal anomaly because a basic action cannot be separated from its branches. Therefore, the maturity of Indian democracy now demands that this right should be included in its entirety within the constitutional core.
Way Forward
Constitutional Amendment: Parliament should explicitly grant fundamental right status to the right to vote by amending Article 326 or by adding a new article (such as 21B) in Part III.
- Technical Ease (Remote Voting): Secure 'remote voting' or digital methods should be implemented at the earliest for internal migrants within the country and citizens living far away due to employment.
- Administrative Zero-Error: The Election Commission needs to further strengthen its system-capacity and accountability so that no citizen's vote is missed due to the disappearance of names from the voter list or technical glitches.
Conclusion
The right to vote is not merely a legal privilege conferred by Parliament, but the core lifeblood of the democratic legitimacy of the Indian Republic. In a changing global scenario, where India is established as a leading conduit of democratic values, this basic right of citizens cannot be left to the uncertainties of statutory protection. Providing a solid constitutional foundation to this right, along with high standards of safety, transparency, and inclusion, will pave the way to make Indian democracy more vibrant, responsive, and empowered.
The Future of QUAD: Security Agenda, Strategic Challenges, and the New Geopolitical Landscape of the Indo-Pacific
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.
Context
Starting as an informal relief group after the 2004 Indian Ocean tsunami, 'QUAD' has transformed into a premier strategic forum ensuring security and stability in the Indo-Pacific region. In the contemporary scenario, the recent visit of the Prime Minister of Japan to India and shifts in American defense priorities have sparked a fresh global debate on the actual utility and core objectives of this grouping.
What is QUAD?
Full Name: Quadrilateral Security Dialogue (QSD).
- Member Countries: It includes four major democratic nations – India, the United States of America (USA), Japan, and Australia.
- Establishment & Evolution: Its concept was first proposed in 2007 by the then Prime Minister of Japan, Shinzo Abe, but it remained inactive due to pressure from China. It was revived in 2017 amidst China's increasing aggressive posture, and its first head-of-state level summit was held in 2021.
- Core Objective: To build a 'free, open, inclusive, and prosperous' Indo-Pacific region, promote maritime security, maintain an international rules-based order, and collaborate in climate change, infrastructure, and technological domains.
- Headquarters: QUAD does not have any formal or permanent headquarters. It is a flexible strategic shared forum whose meetings are organized on a rotation basis among the member countries.
Reasons for Recent Discussion
Japanese Prime Minister's Visit to India: Recently, the Prime Minister of Japan, Sanae Takaichi, arrived in New Delhi to participate in the 16th India-Japan Annual Summit. While this visit strengthened bilateral ties, it also drew attention to the slowing strategic direction of QUAD.
- U.S. Name-Change Reversal: The biggest question mark on the future of QUAD arose when the Pentagon, in June 2026, renamed its 'U.S. Indo-Pacific Command' back to its old name, 'U.S. Pacific Command'.
- Questions Raised: This nomenclature change is being viewed as Washington downgrading its priorities in the Indo-Pacific region. The U.S. National Security Strategy released in November 2025 also gave preference to the Western Hemisphere and contained only a brief mention of QUAD, raising apprehensions about whether the U.S. is gradually pulling back from this platform.
Incidents Questioning the Efficacy of QUAD
Drift in Policy Priorities: According to critics, in recent years, QUAD has drifted away from its core security agenda to focus excessively on 'soft issues' such as health (COVID vaccines), climate change, and education, thereby weakening its strategic impact.
- Deferring the 2+2 Format: Although all four member countries conduct bilateral '2+2' dialogues (at the Foreign and Defense Minister level) with each other, it has not yet been institutionalized on the collective platform of QUAD.
- Huge Gap in Financial Commitments: Two-thirds of the group's initiatives belong to the security-related domain, yet the major chunk of actual financial allocation has gone toward health and climate sectors. The announced $20 billion target for the Critical Minerals Framework also remains a mere paper pledge so far.
QUAD and the Current Scenario
The current global landscape is highly fragmented. The West Asia (Middle East) crisis and other regional conflicts have diverted the attention of global superpowers. At a time when the U.S. is prioritizing its domestic politics and other geographical regions (like the Western Hemisphere), a strategic power vacuum is emerging in the Indo-Pacific region, directly impacting regional powers like India.
Balance of Peace: Silence on China's Military and Economic Aggression
China's Aggressive Actions: China is building illegal military bases in the South China Sea, carrying out provocative actions in the Taiwan Strait, and expanding its economic dominance in the coastal countries of the Indian Ocean through its 'Debt-Trap Diplomacy' and 'Belt and Road Initiative' (BRI).
- QUAD's Strategic Silence: Despite all this, QUAD's official joint statements never explicitly name or condemn 'China'.
- Impact: Some analysts consider this silence as QUAD's weakness. However, there is also a strategic aspect to it, if QUAD declares itself a completely 'anti-China military bloc', ASEAN and other smaller Indo-Pacific nations will completely hesitate to cooperate with it.
Importance and Relevance of QUAD
Strategic Balancing: Despite not being a direct military alliance, this platform is the largest diplomatic mechanism to prevent China's unilateral hegemony and maintain a balance of power in the Indo-Pacific.
- Maritime Domain Awareness (MDA): Its relevance is paramount in data sharing to monitor illegal activities of vessels and security challenges in the Indo-Pacific region.
- Supply Chain Diversification: The coming together of the four nations is extremely crucial to reduce global dependence on China in semiconductors, critical minerals, and emerging technologies like 5G/6G.
- Geopolitical Platform for India: Through this, India gets an opportunity to emerge as a 'Net Security Provider' on the global stage.
Other Important Points
Dual-Use Capabilities: Although QUAD's current integration is limited to non-military or civilian applications (such as disaster relief, maritime surveillance), technically these systems possess dual-use capabilities, which can be utilized for military purposes if the need arises.
- Malabar Exercise: Although it is not officially a military exercise of QUAD, the navies of all four QUAD countries jointly participate in it, demonstrating their military interoperability.
Analysis
The crisis of QUAD lies not in the lack of clarity of its objectives, but in the gap between its words and actions (the funding gap). The change of nomenclature or shifting priorities in Washington will not make QUAD irrelevant, provided its member countries support their broad security agenda with solid financial capital and actual ground implementation.
Way Forward
Capital Commitment: Member countries must immediately allocate actual budgets for the announced initiatives, especially for supply chain resilience and the Critical Minerals Framework.
- Institutional Framework: To eliminate diplomatic indecision, a permanent secretariat and a regular '2+2' ministerial mechanism should be established within QUAD.
- Centrality of ASEAN: The grouping must make its engagement with South-East Asian nations (ASEAN) more transparent to defeat China's propaganda of it being an 'Asian NATO'.
Conclusion
QUAD is an indispensable pillar of Indo-Pacific security in contemporary geopolitics, which cannot be left as just a diplomatic forum. Amidst changing American strategic priorities, regional powers like India and Japan must step forward to lead its strategic objectives. The real success of QUAD will depend on whether it keeps its heavy security agenda limited only to words or manages to translate it into real economic and strategic power.
The Future of QUAD: Security Agenda, Strategic Challenges, and the New Geopolitical Landscape of the Indo-Pacific
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.
Context
Starting as an informal relief group after the 2004 Indian Ocean tsunami, 'QUAD' has transformed into a premier strategic forum ensuring security and stability in the Indo-Pacific region. In the contemporary scenario, the recent visit of the Prime Minister of Japan to India and shifts in American defense priorities have sparked a fresh global debate on the actual utility and core objectives of this grouping.
What is QUAD?
Full Name: Quadrilateral Security Dialogue (QSD).
- Member Countries: It includes four major democratic nations – India, the United States of America (USA), Japan, and Australia.
- Establishment & Evolution: Its concept was first proposed in 2007 by the then Prime Minister of Japan, Shinzo Abe, but it remained inactive due to pressure from China. It was revived in 2017 amidst China's increasing aggressive posture, and its first head-of-state level summit was held in 2021.
- Core Objective: To build a 'free, open, inclusive, and prosperous' Indo-Pacific region, promote maritime security, maintain an international rules-based order, and collaborate in climate change, infrastructure, and technological domains.
- Headquarters: QUAD does not have any formal or permanent headquarters. It is a flexible strategic shared forum whose meetings are organized on a rotation basis among the member countries.
Reasons for Recent Discussion
Japanese Prime Minister's Visit to India: Recently, the Prime Minister of Japan, Sanae Takaichi, arrived in New Delhi to participate in the 16th India-Japan Annual Summit. While this visit strengthened bilateral ties, it also drew attention to the slowing strategic direction of QUAD.
- U.S. Name-Change Reversal: The biggest question mark on the future of QUAD arose when the Pentagon, in June 2026, renamed its 'U.S. Indo-Pacific Command' back to its old name, 'U.S. Pacific Command'.
- Questions Raised: This nomenclature change is being viewed as Washington downgrading its priorities in the Indo-Pacific region. The U.S. National Security Strategy released in November 2025 also gave preference to the Western Hemisphere and contained only a brief mention of QUAD, raising apprehensions about whether the U.S. is gradually pulling back from this platform.
Incidents Questioning the Efficacy of QUAD
Drift in Policy Priorities: According to critics, in recent years, QUAD has drifted away from its core security agenda to focus excessively on 'soft issues' such as health (COVID vaccines), climate change, and education, thereby weakening its strategic impact.
- Deferring the 2+2 Format: Although all four member countries conduct bilateral '2+2' dialogues (at the Foreign and Defense Minister level) with each other, it has not yet been institutionalized on the collective platform of QUAD.
- Huge Gap in Financial Commitments: Two-thirds of the group's initiatives belong to the security-related domain, yet the major chunk of actual financial allocation has gone toward health and climate sectors. The announced $20 billion target for the Critical Minerals Framework also remains a mere paper pledge so far.
QUAD and the Current Scenario
The current global landscape is highly fragmented. The West Asia (Middle East) crisis and other regional conflicts have diverted the attention of global superpowers. At a time when the U.S. is prioritizing its domestic politics and other geographical regions (like the Western Hemisphere), a strategic power vacuum is emerging in the Indo-Pacific region, directly impacting regional powers like India.
Balance of Peace: Silence on China's Military and Economic Aggression
China's Aggressive Actions: China is building illegal military bases in the South China Sea, carrying out provocative actions in the Taiwan Strait, and expanding its economic dominance in the coastal countries of the Indian Ocean through its 'Debt-Trap Diplomacy' and 'Belt and Road Initiative' (BRI).
- QUAD's Strategic Silence: Despite all this, QUAD's official joint statements never explicitly name or condemn 'China'.
- Impact: Some analysts consider this silence as QUAD's weakness. However, there is also a strategic aspect to it, if QUAD declares itself a completely 'anti-China military bloc', ASEAN and other smaller Indo-Pacific nations will completely hesitate to cooperate with it.
Importance and Relevance of QUAD
Strategic Balancing: Despite not being a direct military alliance, this platform is the largest diplomatic mechanism to prevent China's unilateral hegemony and maintain a balance of power in the Indo-Pacific.
- Maritime Domain Awareness (MDA): Its relevance is paramount in data sharing to monitor illegal activities of vessels and security challenges in the Indo-Pacific region.
- Supply Chain Diversification: The coming together of the four nations is extremely crucial to reduce global dependence on China in semiconductors, critical minerals, and emerging technologies like 5G/6G.
- Geopolitical Platform for India: Through this, India gets an opportunity to emerge as a 'Net Security Provider' on the global stage.
Other Important Points
Dual-Use Capabilities: Although QUAD's current integration is limited to non-military or civilian applications (such as disaster relief, maritime surveillance), technically these systems possess dual-use capabilities, which can be utilized for military purposes if the need arises.
- Malabar Exercise: Although it is not officially a military exercise of QUAD, the navies of all four QUAD countries jointly participate in it, demonstrating their military interoperability.
Analysis
The crisis of QUAD lies not in the lack of clarity of its objectives, but in the gap between its words and actions (the funding gap). The change of nomenclature or shifting priorities in Washington will not make QUAD irrelevant, provided its member countries support their broad security agenda with solid financial capital and actual ground implementation.
Way Forward
Capital Commitment: Member countries must immediately allocate actual budgets for the announced initiatives, especially for supply chain resilience and the Critical Minerals Framework.
- Institutional Framework: To eliminate diplomatic indecision, a permanent secretariat and a regular '2+2' ministerial mechanism should be established within QUAD.
- Centrality of ASEAN: The grouping must make its engagement with South-East Asian nations (ASEAN) more transparent to defeat China's propaganda of it being an 'Asian NATO'.
Conclusion
QUAD is an indispensable pillar of Indo-Pacific security in contemporary geopolitics, which cannot be left as just a diplomatic forum. Amidst changing American strategic priorities, regional powers like India and Japan must step forward to lead its strategic objectives. The real success of QUAD will depend on whether it keeps its heavy security agenda limited only to words or manages to translate it into real economic and strategic power.
Drug Trafficking: Global Curse and Strategic Relevance of BRICS
General Studies Paper – II: Governance, Constitution, Polity, Social Justice and International Relations.
Context
In the current era of globalization, where economic and strategic integration among nations has increased, challenges like transnational crimes and drug trafficking have also become complex. Multilateral cooperation is extremely essential to deal with these global threats, for which utilizing a powerful platform of emerging countries like 'BRICS' is an important strategic step.
BRICS
- What it is and Countries: BRICS is an intergovernmental organization of major emerging economies. Originally, it included Brazil, Russia, India, China, and South Africa. Currently, it has been expanded to include Egypt, Ethiopia, Iran, Saudi Arabia, the United Arab Emirates (UAE), and Indonesia.
- Establishment: It started as 'BRIC' in 2009, and with the joining of South Africa in 2010, it became 'BRICS'.
- Objective: Establishment of a multipolar world order, economic and political cooperation, equality among member nations, mutual benefit, and increasing the representation of developing nations on global platforms.
- Headquarters: BRICS does not have a permanent secretariat or headquarters, but the headquarters of its major financial institution, the 'New Development Bank' (NDB), is located in Shanghai (China).
Why in News?
The 'Two-day Meeting of BRICS Heads of Anti-Drug Agencies, 2026' was organized in Guwahati, in which emphasis was laid on strengthening international cooperation.
- This group now represents nearly half of the global population and more than 40% of the world's Gross Domestic Product (GDP).
- Lucas Barbosa from Brazil's Ministry of Foreign Affairs praised India's hosting and said that cooperation in law enforcement and intelligence sharing needs to be further strengthened as it is a cross-border (transnational) threat.
- According to Anurag Garg, Director General of the Narcotics Control Bureau (NCB), due to the increasing impact of drug abuse, India is hosting the BRICS Heads of Anti-Drug Agencies Meeting for the first time during its BRICS Chairmanship (2026).
- Drug trafficking was described as an 'international curse' in which the youth are rapidly getting trapped.
- The main focus of the meeting was on emerging challenges in drug enforcement, including dark-net marketplaces, the use of cryptocurrency for illicit transactions, and maritime routes for trafficking.
Guwahati Declaration
It was adopted on July 7, 2026. It called for the time-bound exchange of information, intelligence, and best practices among member countries, while India proposed a dedicated "BRICS Virtual Working Group" for real-time intelligence exchange.
Relevance of BRICS
Representing more than 40% of the world's economy and half of its population, BRICS is a significant force in global policy-making. The solidarity and intelligence sharing among member nations in tackling non-traditional security threats such as terrorism, cyber security, and drug trafficking (narco-terrorism) makes it an extremely relevant and effective multilateral forum.
Impact of Drugs
Global Impact: Universally, the illicit trade of drugs has become the largest source of money laundering, human trafficking, and financing of terrorism (narco-terrorism). It is destroying the health and productivity of the global youth population.
- Impact on India: Geographically, due to its location between the 'Golden Crescent' (Iran-Afghanistan-Pakistan) and the 'Golden Triangle' (Myanmar-Thailand-Laos), India has become a major transit route and a large consumer market for trafficking. Growing drug addiction in border states (like Punjab) and among the youth is a serious crisis for India's 'demographic dividend'.
International Laws and Regulations
The following are the major international treaties for drug control:
- Single Convention on Narcotic Drugs, 1961
- Convention on Psychotropic Substances, 1971
- United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
- UNODC (United Nations Office on Drugs and Crime) is the nodal agency for its legal implementation at the global level.
India and Drugs - Constitutional and Legal Provisions
Constitutional Provision: Article 47 of the Indian Constitution (Directive Principles of State Policy) clearly directs that the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
- Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985: This is India's primary and most stringent law that completely prohibits the production, manufacture, sale, purchase, transport, and consumption of narcotic substances.
- Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act), 1988: This Act provides the authority to confiscate the property of individuals involved in illicit trafficking and to detain them under preventive detention.
- Drugs and Cosmetics Act, 1940: This regulates the legitimate import, manufacture, and distribution of medicines.
- Institutional Framework: Formed in 1986, the 'Narcotics Control Bureau' (NCB) is the apex national-level coordinating enforcement agency for drug enforcement.
Analysis
The expanding web of drug trafficking is not just a legal or health issue, but a serious strategic threat to national security, the economy, and the social fabric. The use of advanced technologies like the dark net and cryptocurrency is making this transnational crime more invisible and dangerous. For this, traditional policing alone is not sufficient; rather, a multi-dimensional strategy based on cyber forensics, financial intelligence, and international coordination is required.
Way Forward
Enhancement of Technological Capabilities: Dark-web and blockchain monitoring tools should be developed so that crypto-transactions can be tracked.
- International and Regional Coordination: It is necessary to establish a robust mechanism for real-time intelligence sharing through institutions like BRICS and Interpol.
- Border and Coastal Management: To prevent trafficking through maritime routes and drones, the coastal security grid must be strengthened and anti-drone technology must be utilized.
- Rehabilitation and Society-Centric Approach: Punitive action alone is not enough; making the 'Nasha Mukt Bharat Abhiyan' (Drug-Free India Campaign) a mass movement, the focus must be placed on the psychological rehabilitation of the victims.
Conclusion
Drug trafficking is a borderless crime that no nation can solve in isolation. The resolution taken by BRICS countries at the Guwahati conference is a step that gives a new direction to global cooperation against this global threat. In alignment with its legal framework and constitutional ideals, India must not only take strict technological measures for the eradication of this evil but must also play the role of an empowered international leader.
Modernity, Civil Rights, and 'Freedom to Walk': A Legal and Philosophical Discourse
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.
General Studies Paper – IV: Ethics, Integrity, and Aptitude.
Context
At the current juncture of history, when environmental activists and conscious citizens are struggling against the state-corporate nexus that is restricting the natural and uninterrupted flow of rivers, at the very same time, the apex court of the country has to remind citizens that walking on pavements is a fundamental right. This is not mere coincidence, but direct evidence of the growing contradictions between the modern development model and civil liberties. Several reasonable restrictions have been imposed by the State on the physical movements of the human body in the name of civilization and law the freedom of touch for hands is limited, there are public hygiene rules, and feet cannot go to every place at whim. In such a situation, where the physical body is shackled by bonds, Rabindranath Tagore's famous song "Kothao Aamar Hariye Jawar Nei Mana Mone Mone" (There is no restriction on getting lost anywhere in one's mind) underlines that unlimited and unobstructed freedom of the human mind which the state cannot control. The Supreme Court's recognition of the right to walk on pavements is indeed a historic attempt to implement this unobstructed freedom of the mind on the physical plane through the feet.
Right to Walk:
The 'Right to Walk' does not merely mean the physical act of moving from one place to another, but defines a citizen's legal claim to use public pathways (especially pavements and pedestrian paths) safely, accessibly, with dignity, and without any disruption.
In the constitutional perspective, it is primarily defined under two articles:
- Article 19(1)(d) (Freedom of Movement): Under this, the right to move freely throughout the territory of India is not limited only to vehicles, but also includes a safe and dignified path for pedestrians.
- Article 21 (Right to Life and Personal Liberty): The right to life does not mean merely maintaining biological existence, but includes a pollution-free environment, physical safety, and mental peace. Safe pavements and pedestrian infrastructure are integral parts of a citizen's health and dignified life.
Reasons for Being in Discussion Currently
Recently, this topic has come to the center of national discourse due to a landmark judgment delivered by the bench of Honorable Justice P.S. Narasimha and Justice A.S. Chandurkar. Making a historic intervention, the court clarified that the rights of pedestrians cannot be ignored in the name of infrastructure development.
The major reasons for this legal intervention are as follows:
- Crisis of Pedestrian Safety: Due to the prioritization of only high-speed vehicles (automobiles) in urban planning, pavements are disappearing, putting the safety of pedestrians at stake.
- Encroachment on Public Properties: Uncontrolled construction and illegal parking on pavements are blocking the natural pathways of citizens.
- Need for Legal Clarity: This decision has legally established that the claim of pedestrian citizens on public pathways is primary and supreme compared to motorized vehicles.
Neo-Capitalist Mindset and Pedestrians:
A decade ago, in a debate sparked on social media (Facebook) regarding the plight of pedestrians on Indian roads, a comment by a young engineer highlighted the brutal character of the emerging neo-capitalist discourse. The argument given was that "since a pedestrian does not pay road tax, he has no legal claim on the road; he is a burden on the economy like the poor."
- This mindset reflects a flawed model of development that measures citizenship only by 'purchasing power' and 'tax contribution'. The Supreme Court's decision is a severe blow to this consumerist and exclusionary approach. It establishes that public infrastructure is not the property of a specific class, but a democratic shared asset.
Cultural and Literary History of 'Walking' in Indian Consciousness
Somewhere behind this legal decision of the court, India's deep literary and cultural consciousness was at work. Located just five kilometers away from the Supreme Court in New Delhi, Gandhiji's Dandi March (walking) is vibrantly established in Devi Prasad Roy Chowdhury's famous sculpture "Gyarah Murti" (Eleven Statues).
The importance of 'walking' in constitutional and cultural artifacts can be understood through the following points:
- Nandalal Bose's Art: Adorning the original pages of the Indian Constitution, Acharya Nandalal Bose's famous 1930 linocut artwork "Bapuji", in which Gandhiji stands firm leaning on his historic staff, forms the basis of our nation's collective imagination.
- Literary Inspiration: The lines of Jibanananda Das's timeless poem 'Bonalata Sen'—"For thousands of years I have been walking the paths of the earth, from the seas of Ceylon to the waters of Malaya in the darkness of the night"—establish walking as an eternal process of human existence and exploration. Rabindranath Tagore's song "Ekla Chalo Re" calls for the same self-reliance and political resolve of walking alone.
- Political and Spiritual Legacy: India's political history has been shaped by movements like Subhas Chandra Bose's 'Dilli Chalo' and Gandhiji's 'Dandi March'. On the other hand, our spiritual land has been nurtured by the dust of the feet of 'Parivrajakas' (wanderers) and monk-seekers like Siddhartha (Buddha), Guru Nanak, and Chaitanya Mahaprabhu. Even in epistemology and grammar, 'Pada' (Foot) is considered a basic unit of meter and accumulation of knowledge.
'Aimless Walking' as a Symbol of Modernity
In the year 1863, Charles Baudelaire, in his essay "The Painter of Modern Life", imagined a person strolling through the streets of Paris to define modernity. Modernity is not just high-rise buildings or cars, but the freedom to roam the streets without any economic or practical purpose. When a person walks without any pressure, they untangle their self-critical consciousness and the knots of mental stress. The famous philosopher Michel de Certeau wrote in his book 'The Practice of Everyday Life':
"This long poem of walking operates within spatial organizations... it internalizes within them its multi-dimensional social, cultural, and personal contexts. It is like a peddler who, compared to established and mechanical choices, brings along something surprising, different, or attractive."
Analysis
A deep analysis of this entire scenario brings forth three main dimensions:
- Balancing of Rights (Private vs. Public Mobility): This issue is not just about transportation but about urban justice. When the state prioritizes expressways for cars and narrows down pavements, it implicitly violates the fundamental rights of the lower-income class and pedestrians.
- Human Modernity vs. Mechanical Modernity: The ideas of Baudelaire and Michel de Certeau clarify that true modernity lies in liberating humans from mechanical and economic cycles. If a city cannot provide space for its citizens to stroll aimlessly and peacefully, then that city is not modern but an 'economic prison'.
- Judicial Activism and Social Reality: The transformation of the consciousness of art, literature (Tagore, Jibanananda Das), and history (Gandhiji) into a legal right by the Supreme Court shows that law cannot be separated from the cultural soul of society.
Way Forward
To transform the 'Right to Walk' from a paper legal right to a real ground reality, the following corrective steps are needed:
- Inclusive Urban Planning: Pedestrian-friendly infrastructure must be made mandatory in city master plans under the 'National Urban Transport Policy' (NUTP).
- Strict Legal Enforcement: Local bodies and municipal corporations must adopt a zero-tolerance policy to remove encroachments and illegal parking from pavements.
- Right to Walk Act: In light of the court's decision, states should amend their urban development laws to make pavement construction a non-negotiable part of road projects.
- Road Safety Audit: Regular safety audits of all major urban roads should be conducted to ensure whether they are walkable for children, the elderly, and persons with disabilities.
Conclusion
Walking is not merely a means to reach a destination, but it is a living dialogue between a citizen and their city. The dominance of only cars on roads and pushing pedestrians to the margins is a symptom of 'inhuman development'. This decision of the Supreme Court gives legal recognition to the spirit of the line from William Wordsworth's poem "To wander lonely as a cloud". Restoring life as "a long poem" instead of a mechanical race, this decision returns to Indian citizens their lost 'tranquil and effortless modernity'. The ground restoration of this right has become indispensable today for the creation of livable cities globally.
Modernity, Civil Rights, and 'Freedom to Walk': A Legal and Philosophical Discourse
General Studies Paper – II: Governance, Constitution, Polity, Social Justice, and International Relations.
General Studies Paper – IV: Ethics, Integrity, and Aptitude.
Context
At the current juncture of history, when environmental activists and conscious citizens are struggling against the state-corporate nexus that is restricting the natural and uninterrupted flow of rivers, at the very same time, the apex court of the country has to remind citizens that walking on pavements is a fundamental right. This is not mere coincidence, but direct evidence of the growing contradictions between the modern development model and civil liberties. Several reasonable restrictions have been imposed by the State on the physical movements of the human body in the name of civilization and law the freedom of touch for hands is limited, there are public hygiene rules, and feet cannot go to every place at whim. In such a situation, where the physical body is shackled by bonds, Rabindranath Tagore's famous song "Kothao Aamar Hariye Jawar Nei Mana Mone Mone" (There is no restriction on getting lost anywhere in one's mind) underlines that unlimited and unobstructed freedom of the human mind which the state cannot control. The Supreme Court's recognition of the right to walk on pavements is indeed a historic attempt to implement this unobstructed freedom of the mind on the physical plane through the feet.
Right to Walk:
The 'Right to Walk' does not merely mean the physical act of moving from one place to another, but defines a citizen's legal claim to use public pathways (especially pavements and pedestrian paths) safely, accessibly, with dignity, and without any disruption.
In the constitutional perspective, it is primarily defined under two articles:
- Article 19(1)(d) (Freedom of Movement): Under this, the right to move freely throughout the territory of India is not limited only to vehicles, but also includes a safe and dignified path for pedestrians.
- Article 21 (Right to Life and Personal Liberty): The right to life does not mean merely maintaining biological existence, but includes a pollution-free environment, physical safety, and mental peace. Safe pavements and pedestrian infrastructure are integral parts of a citizen's health and dignified life.
Reasons for Being in Discussion Currently
Recently, this topic has come to the center of national discourse due to a landmark judgment delivered by the bench of Honorable Justice P.S. Narasimha and Justice A.S. Chandurkar. Making a historic intervention, the court clarified that the rights of pedestrians cannot be ignored in the name of infrastructure development.
The major reasons for this legal intervention are as follows:
- Crisis of Pedestrian Safety: Due to the prioritization of only high-speed vehicles (automobiles) in urban planning, pavements are disappearing, putting the safety of pedestrians at stake.
- Encroachment on Public Properties: Uncontrolled construction and illegal parking on pavements are blocking the natural pathways of citizens.
- Need for Legal Clarity: This decision has legally established that the claim of pedestrian citizens on public pathways is primary and supreme compared to motorized vehicles.
Neo-Capitalist Mindset and Pedestrians:
A decade ago, in a debate sparked on social media (Facebook) regarding the plight of pedestrians on Indian roads, a comment by a young engineer highlighted the brutal character of the emerging neo-capitalist discourse. The argument given was that "since a pedestrian does not pay road tax, he has no legal claim on the road; he is a burden on the economy like the poor."
- This mindset reflects a flawed model of development that measures citizenship only by 'purchasing power' and 'tax contribution'. The Supreme Court's decision is a severe blow to this consumerist and exclusionary approach. It establishes that public infrastructure is not the property of a specific class, but a democratic shared asset.
Cultural and Literary History of 'Walking' in Indian Consciousness
Somewhere behind this legal decision of the court, India's deep literary and cultural consciousness was at work. Located just five kilometers away from the Supreme Court in New Delhi, Gandhiji's Dandi March (walking) is vibrantly established in Devi Prasad Roy Chowdhury's famous sculpture "Gyarah Murti" (Eleven Statues).
The importance of 'walking' in constitutional and cultural artifacts can be understood through the following points:
- Nandalal Bose's Art: Adorning the original pages of the Indian Constitution, Acharya Nandalal Bose's famous 1930 linocut artwork "Bapuji", in which Gandhiji stands firm leaning on his historic staff, forms the basis of our nation's collective imagination.
- Literary Inspiration: The lines of Jibanananda Das's timeless poem 'Bonalata Sen'—"For thousands of years I have been walking the paths of the earth, from the seas of Ceylon to the waters of Malaya in the darkness of the night"—establish walking as an eternal process of human existence and exploration. Rabindranath Tagore's song "Ekla Chalo Re" calls for the same self-reliance and political resolve of walking alone.
- Political and Spiritual Legacy: India's political history has been shaped by movements like Subhas Chandra Bose's 'Dilli Chalo' and Gandhiji's 'Dandi March'. On the other hand, our spiritual land has been nurtured by the dust of the feet of 'Parivrajakas' (wanderers) and monk-seekers like Siddhartha (Buddha), Guru Nanak, and Chaitanya Mahaprabhu. Even in epistemology and grammar, 'Pada' (Foot) is considered a basic unit of meter and accumulation of knowledge.
'Aimless Walking' as a Symbol of Modernity
In the year 1863, Charles Baudelaire, in his essay "The Painter of Modern Life", imagined a person strolling through the streets of Paris to define modernity. Modernity is not just high-rise buildings or cars, but the freedom to roam the streets without any economic or practical purpose. When a person walks without any pressure, they untangle their self-critical consciousness and the knots of mental stress. The famous philosopher Michel de Certeau wrote in his book 'The Practice of Everyday Life':
"This long poem of walking operates within spatial organizations... it internalizes within them its multi-dimensional social, cultural, and personal contexts. It is like a peddler who, compared to established and mechanical choices, brings along something surprising, different, or attractive."
Analysis
A deep analysis of this entire scenario brings forth three main dimensions:
- Balancing of Rights (Private vs. Public Mobility): This issue is not just about transportation but about urban justice. When the state prioritizes expressways for cars and narrows down pavements, it implicitly violates the fundamental rights of the lower-income class and pedestrians.
- Human Modernity vs. Mechanical Modernity: The ideas of Baudelaire and Michel de Certeau clarify that true modernity lies in liberating humans from mechanical and economic cycles. If a city cannot provide space for its citizens to stroll aimlessly and peacefully, then that city is not modern but an 'economic prison'.
- Judicial Activism and Social Reality: The transformation of the consciousness of art, literature (Tagore, Jibanananda Das), and history (Gandhiji) into a legal right by the Supreme Court shows that law cannot be separated from the cultural soul of society.
Way Forward
To transform the 'Right to Walk' from a paper legal right to a real ground reality, the following corrective steps are needed:
- Inclusive Urban Planning: Pedestrian-friendly infrastructure must be made mandatory in city master plans under the 'National Urban Transport Policy' (NUTP).
- Strict Legal Enforcement: Local bodies and municipal corporations must adopt a zero-tolerance policy to remove encroachments and illegal parking from pavements.
- Right to Walk Act: In light of the court's decision, states should amend their urban development laws to make pavement construction a non-negotiable part of road projects.
- Road Safety Audit: Regular safety audits of all major urban roads should be conducted to ensure whether they are walkable for children, the elderly, and persons with disabilities.
Conclusion
Walking is not merely a means to reach a destination, but it is a living dialogue between a citizen and their city. The dominance of only cars on roads and pushing pedestrians to the margins is a symptom of 'inhuman development'. This decision of the Supreme Court gives legal recognition to the spirit of the line from William Wordsworth's poem "To wander lonely as a cloud". Restoring life as "a long poem" instead of a mechanical race, this decision returns to Indian citizens their lost 'tranquil and effortless modernity'. The ground restoration of this right has become indispensable today for the creation of livable cities globally.