• Research/Scholar Paper name – Right To Vote Is A Fundamental Right: Legal Discourse
  • Author: Vaibhav Kartikeya Agrawal
  • Institution: Advocate
  • Affiliation: Centre for Study of Contemporary Legal issues
  • Date of Publication: 22/01/2023

Abstract:

Elections in a democracy are the opportunity for the citizens of the country to choose a representative responsible for protection of human rights and welfare. This paper analyses whether right to vote as conferred by the Representation of People Act, 1951 is a Fundamental right particularly in the light of judgment in Peoples Union for Civil Liberties[1] case. This analysis is supplemented by various rules of interpretation and precedent(s) of the Supreme Court. The doctrine of basic structure was formulated by the Hon’ble Supreme Court in Keshavananda Bharti v. State of Kerala[2]. Later, free and fair elections have been held to be a part of basic structure.[3] The interpretation of right to vote as a Fundamental Right[4] could make the electorate as well as the contesting candidate more responsible towards the election process. This paper endeavours to contemplate whether right to vote could be interpreted within the wider realm of right to ‘life’ in article 21 to the Constitution of India or is necessarily a statutory right? It also contemplates whether right to vote could be held to be a constitutional right because free and fair elections are part of the basic structure of the Constitution and right to vote is a basic concomitant of the free and fair election.


Right To Vote Is A Fundamental Right: Legal Discourse

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