People'S Union For Civil Liberties & Anr vs Union Of India & Anr

The Supreme Court examined the constitutional validity of Rules 41(2) & (3) and 49-O of the Conduct of Election Rules, 1961, asserting that these rules violate the secrecy of voting, a fundamental aspect of free and fair elections as mandated by Section 128 of the Representation of the People Act, 1951. The Court held that while the right not to vote is acknowledged, the implementation of these rules compromises voter secrecy, thereby rendering them unconstitutional under Articles 19(1)(a) and 21 of the Constitution. The matter was referred to a larger bench for further deliberation on the implications of the existing judgments regarding the right to vote.