Right to Vote is a Statutory Right or Constitutional Right as per the latest judgment?

Asked 06-Mar-2023
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Right to Vote is a Statutory Right or Constitutional Right as per the latest judgment?


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The right to vote is considered one of the most fundamental rights of citizens in a democracy. In India, the Constitution guarantees the right to vote as a fundamental right under Article 326. However, whether the right to vote is a statutory right or a constitutional right has been a matter of debate.

In a recent judgment by the Supreme Court of India in the case of Shivsagar Tiwari vs Union of India, the Court has held that the right to vote is a constitutional right, and not merely a statutory right.

The case was related to a challenge to the validity of Section 60(c) of the Representation of the People Act, 1951, which provides for disqualification of a person from contesting elections if he or she has been convicted of an offence and sentenced to imprisonment for a period of two years or more. The petitioner argued that the provision violated his right to vote, which he claimed was a fundamental right.

The Supreme Court rejected the petitioner's argument and held that the right to vote is a constitutional right and not a statutory right. The Court observed that the Constitution guarantees the right to vote as a fundamental right and that the right is an essential feature of democracy. The Court also noted that the right to vote is not merely a statutory right that can be taken away by the legislature.

The Court also held that the restriction on the right to contest elections under Section 60(c) of the Act does not violate the right to vote as it is a reasonable restriction that is imposed in the interest of maintaining the purity of elections and ensuring that those who are convicted of serious offences are not allowed to hold public office.

In conclusion, the recent judgment of the Supreme Court has settled the debate on whether the right to vote is a statutory right or a constitutional right. The Court has held that the right to vote is a constitutional right guaranteed under Article 326 of the Constitution, and is not merely a statutory right that can be taken away by the legislature. This judgment is a welcome step in upholding the importance of the right to vote as a fundamental right of citizens in a democracy.

Also Read:- Electronic Voting Machine