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  • Category: India

    Is voting a fundamental right of all citizens of India?

    Dear Members,
    In a debate, Dr. Subramanyaswamy has said that voting is not a fundamental right of all citizens of India. What is your understanding of the voting right in India?
    Do you say voting is a fundamental right? or Do you say voting is not a fundamental right?
  • #657429
    As far as I know voting is a right given to the people by the constitution of India. The people who completed their 18th year is eligible to vote. If it is not a fundamental right how can we say that this is democratic country and the government if for the people, of the people and by the people. Voting is the only weapon in a common man's hand which will decide the fate of a politician. Unfortunately many voters never understood the importance of this vote and they have not utiliser the same in a powerful manner. It is a good idea to teach politics for children atleas 2 or 3 hours a week.
    drrao
    always confident

  • #657430
    Yes, voting is a fundamental right of citizens. No citizen can be deprived of the same if someone is or above 18 years. I don't understand why he said this. This is sad many of the people don't understand it and don't use their right of voting. They forget that their vote can change the government and the fate of a politician. There are also people who misuse their voting right and vote for people for money. This is noticed that politicians in the urge to get votes distribute money, gifts etc to the people during elections. People should understand the importance of it and should not misuse or waste it.
    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide

  • #657433
    As far as I understand the right to vote is a statutory right. It is neither a fundamental right nor constitutional right. It originates from the constitution and in accordance with the constitutional mandate contained in Article 326. The same has been shaped by the Statute, namely RPA, 1951.
    tmsankaran

  • #657435
    Dr. Rao and Sanjeev Gupta,
    If you say that voting is a fundamental right, under which fundamental rights the category 'Voting' falls? There are six fundamental rights. Are there any other fundamental rights?

    No life without Sun

  • #657442
    No, voting is not a fundamental right. As Mr T M Sankaran has said, the right to vote is a legal one granted by a statute. Fundamental rights are those which are guaranteed by our Constitution and any person can move the court with a plea for imposition of that right. In India, a prisoner cannot vote. Since voting is a legal right, the legal provisions do not allow a convict or an undertrial to cast the vote. Whereas nobody can deny the fundamental rights to a prisoner.

    Though it is out of context, I would say Dr Subramanian Swamy is a reputed politician and when he uttered such a comment regarding the legal affairs, there's hardly any doubt into its authenticity.

    Sankalan

    "Life is easier when you enjoy what you do"

  • #657443
    Fundamental rights are specific and defined. Other than that also many rights are there out of which one is voting right.

    As I understand it is not compulsory for us to vote but at the same time we can not be deprived of that. It is our legal right.

    Thoughts exchanged is knowledge gained.

  • #657457
    Voting is the most powerful thing given in the hands of a voter in the democracy. He can choose a person of his choice from the ballot paper and cast his vote to him.

    Unfortunately this power was influenced by some clever politicians in biasing the voters and aligning their mind in certain channels favorable to the political party. This aberration has practically mocked the power in the hand of a voter.

    Anyway, legally, we still have that power in our hands and voting is our legal right. No one can ask us not to vote. It is our option only.

    Knowledge is power.

  • #657469
    The right to vote is not a Fundamental Right as such but is a Constitutional right and responsibility as provided under Article 326 of the Indian Constitution which says that any person who is not below 18 years of age and is not disqualified otherwise will be entitled (entitled) to be registered as a voter. The Article begins with the sentence 'The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage'. Suffrage means the right to vote in elections.

    Again, Section 62 of the Representation of the People Act, 1951, also says that any person who is not disqualified otherwise by the Constitution or by any other law in force shall be entitled to vote in an election to elect their representatives.

    In addition to this, there have been various rulings by different Courts including the Supreme Court that has time and again upheld the right of the 'People' of India to choose their representatives by casting their votes.

    So, a reading of all these provisions together and also keeping in mind the words 'We, the people of India' with which our Constitution begins in mind, it is, no doubt, our right to vote and no one can take away this right unless one is otherwise disqualified as per law in force.

    'Real knowledge is to know the extent of one's ignorance' - Confucious.

  • #657475
    Right to vote is certainly not a fundamental right. It is only a constitutional right. Citizens of India over the age of 18 are entitled to vote provided they meet all the requirements of the election commission. A voter should have his/her name on the voters' list, an identity card issued by election commission as proof etc.

    @ I posted this thread after watching a TV debate between Dr.Subramanya Swamy and actor Prakash Raj.

    No life without Sun

  • #657476
    Sun yes it's not a fundamental right. I just googled it out. You are right that there are only 6 fundamental rights and voting is a constitutional right.
    Sanjeev

    " It is better to be hated for what you are than to be loved for what you are not" ... Andre Gide


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