Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2004

Abstract

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for the nature of Indian democracy. If the Court is correct is construing the right as a statutory one, it would follow that democracy may be extinguished by a simple amendment of the Representation of Peoples Act. Under the Court's current jurisprudence, that which could not be achieved by a constitutional amendment may now be achieved by an amendment of an ordinary statute.

Keywords

Constitutional rights, Democracy, Voting, Legal system, Courts, India

Discipline

Asian Studies | Constitutional Law | Law and Politics | Public Law and Legal Theory

Research Areas

Public Interest Law, Community and Social Justice

Publication

Public Law

First Page

704

Last Page

711

ISSN

0033-3565

Publisher

Sweet and Maxwell

Embargo Period

3-29-2022

Copyright Owner and License

Authors

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