Can Students Vote Without Going Home? Supreme Court to Examine Postal Ballot Demand

The Supreme Court on Wednesday agreed to examine a plea seeking extension of postal ballot voting facilities to students, particularly those studying outside their home constituencies.A three-judge bench issued notice to the central government and the Election Commission, asking them to respond within four weeks. The petition argues that students face practical difficulties in travelling home on polling day and are unfairly excluded from alternative voting mechanisms.Senior advocate K Parameshwar, appearing for the petitioner, told the court that while persons under preventive detention are allowed to vote by postal ballot, student voters are denied the same facility. He also pointed out that students do not get polling-day leave, even though

a holiday is declared for public offices.

The plea was filed by 24-year-old Jayasudhagar J, a student of Tamil Nadu National Law University, through advocate Jose Abraham.“Students, despite being a sizable and distinct class of electors who face genuine and unavoidable practical impediments in travelling to their home constituencies on polling day, are not recognised as a separate category eligible for any alternative voting mechanism. The present legal framework, therefore, effectively disables them from exercising the constitutional right to vote,” the petition said.The plea argued that the exclusion of students from postal voting violates Article 14 of the Constitution, the freedom of speech and expression under Article 19(1)(a), and the right to life and dignity under Article 21.“Under the Representation of People Act 1951, employees are granted paid leave under Section 135B of the Representation of the People Act, 1951, and specific classes such as service voters and persons on election duty are granted postal ballot facilities under Section 60 read with Rule 18 of the Conduct of Elections Rules, 1961, but students are unjustifiably excluded without any intelligible differentia or rational nexus.“This categorical exclusion, which operates solely on account of their status as students despite their fundamental rights being equally implicated, is arbitrary and unconstitutional,” it said.The petition urged the court to direct authorities to broaden the scope of postal voting so that young voters, first-time electors and students are not prevented from participating in elections.

It also sought directions to frame guidelines or amend election rules to ensure students are not denied their right to vote due to lack of leave or the absence of postal voting facilities.Under existing rules, postal ballots are allowed for select categories including service voters, election staff, persons under preventive detention and others notified by the Election Commission.Citing Election Commission data, the plea said there are about 1.84 crore voters aged 18 to 19 years and around 19.74 crore voters in the 20–29 age group, many of whom are students.“This shows that students and young people together make up a very large part of the voting population in our country. If this important section of society is ignored, and no steps are taken to provide them a leave or a holiday on the day of polling or a postal voting opportunity many of them will not be able to cast their votes. As a result, their participation in the election process becomes very limited,” it said.(With PTI inputs)