Journal of Progressive Law and Legal Studies
Том 3 № 03 (2025): Journal of Progressive Law and Legal Studies

Political Exclusion and Disenfranchisement in the Electoral Systems of India and Israel under International Human Rights Standards

Rahmadani, Firdausi Nuzula (Unknown)
Jumantoro, Tegar Raffi Putra (Unknown)



Article Info

Publish Date
06 Sep 2025

Abstract

This study investigates the institutionalization of political exclusion and electoral disenfranchisement in India and Israel, two states that claim adherence to democratic norms while systematically excluding specific populations from political participation. Drawing on a normative legal approach, this paper analyzes how domestic legislation, particularly India's Citizenship Amendment Act (CAA) and National Register of Citizens (NRC), as well as Israel's Nation-State Law, creates legal frameworks that contradict international human rights standards. Using statute, conceptual, and comparative approaches, the research evaluates the extent to which these legal instruments undermine the principles of universal suffrage and non-discrimination as outlined in the ICCPR and UDHR. The findings reveal that both states employ legalistic mechanisms, whether through administrative verification processes or territorial segmentation, to disenfranchise ethnic and religious minorities under the guise of lawful governance. This practice not only erodes the integrity of electoral democracy but also highlights a legitimacy gap between national legal systems and international normative expectations. The study emphasizes the urgency of confronting “authoritarian legalism” in democratic regimes, which often escape international accountability. Although limited by its reliance on secondary data and absence of empirical fieldwork, this paper contributes to the global discourse on electoral justice by exposing how law can be weaponized to suppress political inclusion. Future research should explore the lived impacts of disenfranchisement and assess how international bodies can strengthen enforcement of electoral rights. Ultimately, genuine democracy cannot exist where the right to vote is selectively granted, and legal systems are used to sustain structural exclusion.

Copyrights © 2025






Journal Info

Abbrev

jplls

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Progressive Law and Legal Studies (JPLLS) is an online bi-annual journal with a summer and winter edition. The Journal emphasises creating an open-access platform to research around socio-legal topics and promoting interdisciplinary research entailing the detailed study of law with other ...