Electronic & Mobile Voting in bihar and Constitutional Rights, A Political change in Bihar.

Introduction

India holds the world's largest democracy and regularly works to make an electoral system. There is the most recent innovation idea of electronic voting or e voting. If we see in the past there were electronic voting machines, EVM and it has been used for many decades the feature of internet based remote voting that is known as e voting is still not familiar in India. Whereas a country where the constitution has universal adult suffrage, making accessibility, security, and inclusion in voting machines, specially through digital means becomes a constitutional responsibility. So let's discuss e-voting and constitutional rights, the legal framework surrounding it, and Bihar approach and challenges they are facing for a transformation.

1. E-Voting: A Conceptual Overview

E-voting is the system of casting votes electronically, either using machines and internet platforms. It is classified into:

Electronic voting machines-used at polling booths. 

Internet based remote voting-allowing voters to vote from remote locations via secure internet channels. 

Whereas EVMs are already combined into the Indian electoral process, remote e voting is still in trial phases.

2. Constitutional Rights and E-voting: the Indian constitution gives a strong foundation for electoral rights. Essential provisions include: 

Article 326: the universal adult suffrage, stating that elections to the house of the people and state legislative assembly shall be based on adult suffrage. 

Article 19(1)(a): It assures freedom of speech and expression, that include the right to express political opinions through vote.

Article 14: It guarantees equality before the law, suggesting equal access to voting for all citizens, including outside their home constituencies.

E-voting serve as a mechanism to actualize these constitutional rights more efficiently, particularly for: 

Migrant workers, the elderly or differently abled, people stationed in remote areas (including defence personnel).

3. Legal Framework and Challenges:

At the moment e voting (in the remote sense) is not widely known in India. The representation of the people Act 1950-1951 which governs electoral rolls and conducts elections does not provide internet based e voting.

The conduct of election rules 1961 allows certain kinds (like service voters) through postal ballots or proxies. Election commission of India mandated under article 324 has the power to explore and implement technological advancement to ensure free and fair election. 

Supreme court judgement example people union for civil liberties v union of India (2013) have declared that right to vote includes write to make an informed and meaningful choice strengthening the case for accessible systems like e voting.

4. Bihar: Ground Realities and Digital Challenges: Bihar is a state where a significant portion of the population migrates to other states to work a voting holes transformation. The election commission cited migration as a reason for letting voters in certain districts of Bihar during past elections. 

Digital Divide: rural populations need a way to reliable Internet and technology literacy. 

Cyber security concern: chances of hacking, impersonation, data breaches.

Verification challenges: biometric and Aadhar base authentication systems are not adopted universally.

Infrastructure: remote areas struggling with power outridges and internet shutdown during unrest, posing serious obstacles.

5. The Way Forward: Balancing Rights and Reality:There are certain legal steps taken for Bihar adopting e-voting mechanism.

Amend the representation of the people acts to allow for secure remote voting. 

Pilot program in selected districts with high migration. 

Cyber security regulations: Strong guidelines to stop electoral fraud and misuse. 

Public Knowledge campaign: to teach voters about the use of technology in elections.

Today e-voting is not just a technology but a constitutional necessity to make sure the rights of all citizens are protected and exercised.

Conclusion

E-voting can act as a way between constitutional guarantees and present-day electoral needs. For states like Bihar, with a large population of migrant voters, e-voting is not a grandeur—it is a democratic imperative. However, implementing such a system must be observant, comprehensive, and legally sound. By ranging technology with constitutional values, India can set a global precedent in inclusive digital democracy.

References:

1. The Constitution of India:Article 14 – Right to Equality,Article 19(1)(a) – Freedom of speech and expression,Article 21 – Right to Privacy,Article 326 – Right to Vote in Elections.

2. Representation of the People Act, 1951:Governs elections and voting procedures in India, including reforms.

3. Election Commission of India (ECI) – Reports and Guidelines:Remote Voting Project EVM and VVPAT guidelines Digitisation and Voter Awareness Initiatives.

4. Press Information Bureau (PIB) Releases on E-Voting:Refer to government updates and trials on e-voting.

5. Case Law: People's Union for Civil Liberties v. Union of India, (2003) 4 SCC 399:‘Right to Know’ as a part of Article 19(1)(a)—supports transparent digital systems like e-voting.

6. Case Law: Kuldip Nayar v. Union of India, (2006) 7 SCC 1:Discusses the right to vote as a statutory right, not fundamental—important in the e-voting rights debate.

7. Bihar State Election Commission.

8. Bihar-Specific Study:Digital Democracy in Bihar: A Case Study of Voter Awareness & E-Governance.