Secrecy of Ballot

Supreme Court in a recent judgement said the secrecy of the ballot is the cornerstone of free and fair elections, however, a voter can voluntarily waive the privilege of non-disclosure.

The judgment came on an appeal against the Allahabad High Court decision setting aside the voting of a no-confidence motion in a Zila panchayat in Uttar Pradesh in 2018.

It is the policy of the law to protect the right of voters to the secrecy of the ballot. Even a remote or distinct possibility that a voter can be forced to disclose for whom she has voted would act as a positive constraint and a check on the freedom to exercise of the franchise.

The principle of secrecy of ballots is an important postulate of constitutional democracy.

Section 94 of the Representation of the People Act, which upholds the privilege of the voter to maintain confidentiality about her choice of vote.

However, the privilege ends when the voter decides to waive the privilege and instead volunteers to disclose as to whom she had voted.

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