(1 LIf every Indian citizen would not have been granted
fundamental rights by the Constitution, then...
(2) If Indians neither understand nor fulfil their fundamental
duties, then...
(3) "A citizen of India is more aware of his rights, but not of
his responsibilities." Do you think so? Explain by giving
1-2 examples.
Answers
Right to vote is a legal right not a fundamental right under Part III of the Indian Constitution.
The possible reasons why it has not been classified as a fundamental right could be:
1. The Constitution of India was adopted on 26 November 1949 and came into effect on 26 January 1950. While the first elections were held in 1952 after the passage of Representation of People Act 1950 and 1951. Clearly the mechanisms and other provisions regarding the conduct of elections, criteria of voters and candidates etc was not worked out. Thats why it did not find a place in the Constitution.
2. A fundamental right if it has to be changed, needs constitutional amendment which is a tedious process. Had right to vote been a fundamental right, 1986 when the voting age was reduced to 18 years from earlier 21 years would have been much more difficult.
3. If we see the tenor of all the fundamental rights, they emphasise upon equality, freedom etc which are the basic tenets of universal rights. Right to vote is a political right which might not fit in properly.
4. The fundamental right like Article 14 ie right to equality amply covers the right to vote if denied on the basis of caste ,race, gender etc. Thus no need to explicitly include it in Part III as a fundamental right.
5. India is a large country with a huge population. Many a times, voters are unable to vote due to numerous reasons like:
When in police custody
When on national duty like armed forces
When working away from home town
Now if right to vote had been a ffundamental right, a person who is employed with a private firm could have gone to the Supreme Court seeking remedy when his employer might have denied him leave to go to his home state to vote. Many such cases could have come up. Based on practicalities this is a wise categorisation as a legal right.
Legal rights can have remedies from courts. So right to vote is clearly well protected as well.