right to contest.in the election is a. right
Answers
For contesting an election as a candidate a person must be registered as a voter. Sec 4 (d) of Representation People Act, 1951 precludes a person from contesting unless he is an elector in any parliamentary constituency. Section 5 (c) of R. P. Act, 1951 has a similar provision for Assembly Constituencies
.
It is a fundamental right
Answer:
Right to vote is a legal right in India, conferred by a statute. So is the right to contest elections.
A legal right is created by an ordinary law and can be taken away by changing the law. A fundamental right, on the other hand, is guaranteed by the Constitution and allows a citizen to move Supreme Court for its enforcement. It can only be curtailed by a constitutional amendment which must pass the test of “reasonable restrictions.”
Since the rights to vote and contest elections are legal rights, some state have enacted laws to tweak those. One such law, which made having a toilet in the house mandatory for candidates contesting panchayat polls, was challenged in court but was upheld by Justice Chelameswar.
There is no fundamental right to vote in the Constitution though we have a parliamentary form of democracy. Article 326 of the Constitution only speaks of adult suffrage for those above 18.
Justice Chelameswar said he did not agree with the view that the right to vote was only a legal right. “I do not believe that we don’t have at least a constitutional right to vote,” he said.
Hope it helps you and please mark me as Brainliest answer