15,Feb 2024
Whether the right to vote is a fundamental right or constitutional right has always been an area of debate. Recently, a Supreme Court judgment has made it clear that the Right to Vote is a constitutional right. Now, the judgment has raised a question “why the right to vote is a constitutional right?”
The right to vote is mentioned under Article 326 in the Constitution of India and according to the supreme law body of the country any law or right mentioned in the constitution, not under any specific category is known as Constitutional Law or Right. Since the right to Vote is mentioned under the Constitution and not under the category of Fundamental Rights, it is said to be a Constitutional Right.
Watch Now – Is the Right to Vote a Constitutional or Fundamental Right?
All Indians who are eligible to vote have the opportunity to exercise their right to vote and take part in the political process as several states in the country are now holding elections. All Indian citizens above the age of 18, regardless of caste, religion, social class, or economic standing, are entitled to vote under the Indian Constitution.
You have specific rights and privileges as a voter, guaranteed by the Constitution, which protects voter rights. It also establishes the terms on which citizens are entitled to this right. Voting is a legal right that is given to citizens, not a fundamental right.
All Indian nationals who have registered to vote and are over the age of eighteen are entitled to vote, according to the Indian Constitution. These people are eligible to vote in elections for municipal, state, district, and local government bodies.
No one may be detained from voting unless they meet the requirements for disqualification. Each voter is only permitted to cast one vote. Voters may only vote in the constituency in which they first enrolled.
Eligible voters must register in the constituency in which they now reside to get Issued Photo Election Identity cards, or EPIC cards. It is prohibited for anybody to participate in the election process if they are not registered or do not possess a voter ID card.
As long as they have a legitimate voter ID, any citizen may vote in any of the below elections:
A list of some of the voting rights guaranteed by the Indian Constitution is provided below.
1) Right to Know: Every voter has a right to information about the candidates running in the elections.
2) Right Not to Vote (NOTA): The option not to cast a ballot has been offered to voters, and this is noted in the system as NOTA (None of the above).
3) Special Assistance to unwell and uneducated Voters: Voters who are unable to cast a ballot because of a physical disability or another type of infirmity and who are unable to use a postal ballot may request special assistance from an electoral officer, who will record their vote, by the Election Code's guidelines.
4) Tendered Votes: This pertains to a person who registers to vote and tries to cast a ballot after someone else has already done so in his name.
For more informative videos, refer to the Lloyd Law College's official YouTube Channel.