Right to Vote

Fundamental Rights – Rights which are provided in Part III

of the Indian Constitution and an individual can approach
the HC and the SC for enforcement of such rights via
Article 226 & 32, respectively.

Constitutional Rights – Rights which are not provided in

Part III of the Indian Constitution and an individual can
approach the HC and the SC for enforcement of such rights
via Article 226 & 32, respectively.

Statutory Rights – Rights which are provided by an law

made by the Parliament or the State Legislature
 Right to Vote

Fundamental Right ?
Constitutional Right ?

Statutory Right ?
 Right to Vote as a
Fundamental Right
As Article 19(1)(a) guarantees every citizen the
fundamental right to freedom of speech and
expression, and the right of an individual to vote is an
expression of his decision. It is n essential part of
democracy, and democracy is the part of the basic
structure as held in Kesavananda Bharti case. Hence,
Right to Vote is a fundamental right of every citizen
 Right to Vote as a
Constitutional Right
As Article 326 provides that a citizen of India, aged
above 18 years and not disqualified under any law,
shall be entitled to get registered as a voter
 Right to Vote as a
Statutory Right
As Section 62 of the Representation of the People’s
Act, 1951 which provides for the Right to Vote to a
person on fulfilment of certain conditions given in the
section of the Act, which is an Act of Parliament of
India. Hence, Right to Vote is a statutory right
 Supreme Court on
Right to Vote
In Rajbala v. State of Haryana (2016) held that Right to
Vote is a Constitutional right

In the said case, the petitioners challenged the

constitutional validity of the Haryana Panchayati Raj
(Amendment) Act and issue before the court was
whether right to vote & contest election is a
constitutional or statutory right?
 Supreme Court on
Right to Vote
In Kuldip Nayar v. UOI again held that Right to Vote is a
Constitutional right

In the said case, the larger bench of SC tested the

issue from fundamental rights perspective & held that
the law that stands today is that right to vote is a
constitutional right