Question
In which of the following cases did the Supreme Court
hold that the right to vote is a statutory right and not a fundamental right?ÂSolution
• The Supreme Court is examining the legality of Bihar’s Special Intensive Revision of electoral rolls, raising questions about the legal status of the right to vote. India’s Commitment to Universal Adult Suffrage • India after independence adopted universal adult suffrage regardless of gender, caste, religion, education, or property. • Article 326 of the Constitution guarantees voting rights to all citizens aged 18 and above, following the 61st Constitutional Amendment, 1989. • Status of the Right to Vote in India: ƒ In the N.P.Ponnuswami case (1952), a Constitution Bench of the Supreme Court held that the right to vote is a statutory right. ƒ The Supreme Court in Kuldip Nayar v. Union of India (2006) held that the ‘right to elect’ is a statutory right under Section 62 of the RPA, 1951, and not a fundamental or constitutional right. ƒ In Anoop Baranwal v. Union of India (2023), the Supreme Court declined to reopen the settled position. ƒ In the Jyoti Basu case (1982), the court reiterated that the right to vote is neither a fundamental right nor a common law right but a statutory right.
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