THE CONSTITUTIONAL STATUS OF RIGHT TO VOTE AND THE NEED TO MAKE IT A FUNDAMENTAL RIGHT

Abstract

The study addresses the standpoint of right to vote in Indian legal framework. First, the paper addresses the status quo of the nature of right and legal protection accorded to right to vote, then the author opines in favour of making right to vote a fundamental right within the meaning of Part 3 of Indian Constitution. The paper takes into account the multiple judicial precedents of concurring and conflicting nature with the conclusion it serves. Further, the paper takes a comprehensive outlook at the research question by also devoting a part of study to International instruments dealing with the right to vote. The article is a classic attempt at harmonising the virtues of democracy, constitutional setup, judicial opinion and statutory enactments in favour of recognising right to vote as a fundamental right.