The right to vote is not always a universal right.explain why?
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Constitution of India Article 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.-
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
Constitution of India Article 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.-
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
Representation of People Act, 1951 Section 62. Right to vote.—
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of by any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the
disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.].
—So with reference to aforementioned:
Article 326 of the Constitution only permits the disqualification of a voter under the Constitution or a law on the grounds of “non-residence, unsoundness of mind, crime or corrupt or illegal practice”. And confers that the Election to House and Assembly shall be on the basis of Adult Suffrage; which in itself doesn't entitle citizens the right to vote; but entitles the class of citizens to be enrolled as voter.
It is 62 (1) of RPA, 1951 which confers the citizens the Right to Vote; and when one is not eligible to vote.
Hence "The Right to Vote" is neither Fundamental Right nor Constitutional Right but a mere Statutory Right or Legal Right.
The right originates from the Constitution and in accordance with the constitutional mandate contained in Article 326, the right has been shaped by the statute, namely, RPA, 1951.
There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.
Constitution of India Article 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.-
The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.
Representation of People Act, 1951 Section 62. Right to vote.—
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of by any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the
disqualifications referred to in section 16 of the Representation of the People Act, 1950 (43 of 1950).
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
[(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.].
—So with reference to aforementioned:
Article 326 of the Constitution only permits the disqualification of a voter under the Constitution or a law on the grounds of “non-residence, unsoundness of mind, crime or corrupt or illegal practice”. And confers that the Election to House and Assembly shall be on the basis of Adult Suffrage; which in itself doesn't entitle citizens the right to vote; but entitles the class of citizens to be enrolled as voter.
It is 62 (1) of RPA, 1951 which confers the citizens the Right to Vote; and when one is not eligible to vote.
Hence "The Right to Vote" is neither Fundamental Right nor Constitutional Right but a mere Statutory Right or Legal Right.
The right originates from the Constitution and in accordance with the constitutional mandate contained in Article 326, the right has been shaped by the statute, namely, RPA, 1951.
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