Constitutional Perspective Of ‘Right To Vote’ In India: A Critical Study
DOI:
https://doi.org/10.53724/lrd/v7n2.2Keywords:
Elections, Democracy, Right To Vote, Indian Polity, Republic Indian, Constitution, Right to NOTA, Constitutional StatusAbstract
The right to vote is one of the major foundational roots of democracy which is the legal right and human right in India. The people representatives are elected by vote of people in India. In this regard, several judgments delivered by the hon’ble Indian Judiciary to prevent the abuse of right to vote in India. But still many controversial issues are existent under some exceptions. The research article deals with the constitutional perspective of right to vote in India.
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Article 324 vests in the Election Commission power of superintendence, direction, and control of preparation of electoral rolls and conduct of all elections to Parliament, and to the Legislature of States. Article 325 provides that there shall be one electoral roll for every territorial constituency and that no person shall be ineligible for exclusion in such rolls on grounds only of religion, race, caste, sex, or any of them. & Article 326 provides that elections to the House of People and to the Legislative Assemblies of States shall be on the basis of adult franchise. Article 327 enables Parliament to make laws with rest to all matters relating to the elections to either House of Parliament or to the Houses of State Legislatures.
The Representation of Peoples Act, 1952. It provides for the delimitations of the constituencies for the purpose of elections to the House of People and the Legislature of States; qualifications of voters at such elections; preparation of electoral rolls; and other matters connected.
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The Government of India Act, 1935, available at: https://www.legislation.gov.uk/ukpga/Geo5and1Edw8/26/2/enacted/data.pdf (Last visited on March 20, 2022).
Article 19 (1) (a) of the Constitution of India, 1949, available at:
https://indiankanoon.org/doc/1218090/ (Last visited on March 20, 2022).
People’s Union for Civil Liberties vs. Union of India, Appeal (civil) 4294 of 1998.
Article 324 of the Constitution of India, 1949, available at: https://indiankanoon.org/doc/950881/ (Last visited on March 20, 2022).
The Registration of Electors Rules, 1960, available at: https://indiankanoon.org/doc/191541151/ (Last visited on March 21, 2022).
The conduct of Election Rules, 1961, available at: https://indiankanoon.org/doc/45933417/ (Last visited on March 21, 2022).
A.I.R. 1952 S.C. 64
A.I.R. 1954 S.C. 210
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