Right to vote and to be elected in India is a
(a) Fundamental Right
(b) Natural Right
(c) Constitutional Right
(d) Legal Right
Solution: (d) Legal Right
There is dispute whether the answer should be C or D.
Case for Option C: Logically the answer seems to be C because Article 326 of constitution grants adult suffrage which implies the right to vote.
Moreover, a democratic constitution loses its essence if it does not provide for a right to vote as a constitutional right.
It is true that Representation of People’s Act also provides for a Right to Vote, but they may be considered qualifications (conditions) on the Right to Vote already granted by the constitution in A326.
An analogy can be Child Labour Act or Bonded labour prohibition Act where these fundamental rights are separately enforced by law. So, the case for Option C looks strong.
Case for Option D: But, the Supreme Court is the final interpreter of the constitution and its view will prevail notwithstanding all arguments.
The Supreme Court observed in PUCL vs. Union of India (2015), “No doubt, the right to vote is a statutory right but it is equally vital to recollect that this statutory right is the essence of democracy. Without this, democracy will fail to thrive. Therefore, even if the right to vote is statutory, the significance attached with the right is massive.”
Therefore, the answer to this question is D, not C.
http://www.pucl.org/Topics/Law/2013/vote_none.pdf
(a) Fundamental Right
(b) Natural Right
(c) Constitutional Right
(d) Legal Right
Solution: (d) Legal Right
There is dispute whether the answer should be C or D.
Case for Option C: Logically the answer seems to be C because Article 326 of constitution grants adult suffrage which implies the right to vote.
Moreover, a democratic constitution loses its essence if it does not provide for a right to vote as a constitutional right.
It is true that Representation of People’s Act also provides for a Right to Vote, but they may be considered qualifications (conditions) on the Right to Vote already granted by the constitution in A326.
An analogy can be Child Labour Act or Bonded labour prohibition Act where these fundamental rights are separately enforced by law. So, the case for Option C looks strong.
Case for Option D: But, the Supreme Court is the final interpreter of the constitution and its view will prevail notwithstanding all arguments.
The Supreme Court observed in PUCL vs. Union of India (2015), “No doubt, the right to vote is a statutory right but it is equally vital to recollect that this statutory right is the essence of democracy. Without this, democracy will fail to thrive. Therefore, even if the right to vote is statutory, the significance attached with the right is massive.”
Therefore, the answer to this question is D, not C.
http://www.pucl.org/Topics/Law/2013/vote_none.pdf
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