RIGHT TO VOTE UNDER INDIAN CONSTITUTION: A CRITICAL ANALYSIS

Published: 20th July 2010
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RIGHT TO VOTE UNDER INDIAN CONSTITUTION: A CRITICAL ANALYSIS

ATIN KUMAR DAS LL.M IInd YEAR NATIONAL LAW INSTITUTE UNIVERSITY,BHOPAL.

Right to vote under article19 1(a) of the Indian constitution means right to know about the candidate to whom the laymen casting a vote. Article 19 1(a) now provides the information about the assets and liabilities of their candidates. The Representative of peoples act Section 33 provides notwithstanding anything contained in any judgment of any court or any order of the election commission no candidate shall be liable to disclose or furnish any such information in respect of his election which is not required to be disclosed or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this act or the rules made thereunder.Thus the amended RPA provided that only candidates who are elected were required to give details of their assets and liabilities to the concerned presiding officers of the Houses, and not the MP's who are not elected.

Debi ghosal vs. Jyoti basu,in this case the court held that the right to vote is fundamental right it meant voters have right to know about their candidates assets or liabilities. So the court held that right to vote is fundamental right.

Then the case of kuldip singh vs. Union of India, the court held that the Article 19 provides freedom of speech and expression as well as it is provides information about the candidates and a committee named PUCL is providing information of elections. Now the laymen can easily known that to whom they casting their vote whether the person is qualified or eligible to whom the laymen casting their vote. And Article 19 1 (a) also provides the information and detail knowledge about their candidate.

Union of India Vs. Association for democratic reforms the court held that the no candidate shall be liable to disclose or furnish any such information in respect of his election, which is not required to be disclosed or furnished under this act or the rules made thereunder.The committee of PUCL is to provide information about the election matters or candidates assets or liabilities.

 The main issue is now emerged that whether right to vote comes under the purview of Article 19 1(a)?

 Supreme Court of India did not pass a final judgment on the petition of whether Burqa is the integral to Islam?

 Then the question of Article 19 1(a) that its provides the information about the candidates or can a individual seek the information through Right to Information Act?

CONCLUSION

The right to vote under article 19 1 (a) is deal the freedom of speech and expression in relation to election. Article 19 1(a) provides the information of candidates assets and liabilities and provides a privilege to the laymen to know about their candidates. The Supreme Court did not pass a final judgment on the petition, but said a photograph was essential to ascertain identity of the voter. Wearing a burqa was a mere custom and did not have any force of law.

REFERENCES

Shukla V.N., Constitution of India, Xth Edition 2006, Eastern Book Co. Lucknow

Singhvi L.M., Constitution of India, II Edition 2007, Modern law publication, Allahabad.

Basu D.D., Constitution law of India, XIII Edition 2008, Prentice Hall of India, New Delhi.

Kashyap C. Subhash., Our Constitution. IV Edition 2008, National Book Trust, New Delhi.

Jain M P., Indian Constitutional Law,V Edition 2008, Lexis Nexis Butterworths Wadhwa Nagpur.







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