CONSTITUTIONAL LAW II

WHY IS RIGHT TO VOTE NOT A FUNDAMENTAL

RIGHT IN INDIA

D. Nimalan

BC0150017

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 SYNOPSIS
Research objective

The main research objective of this project is to find the reason behind why right to vote was
placed under constitutional right and not under fundamental right.

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 Abstract

Right to vote in India is a Constitutional right for the citizens. The constitution of India gives
to its citizens certain rights for the purpose of their personal liberty and freedom which the state
cannot take away from its citizens such as right to life and right to personal liberty etc. But the
government didn't grant the right to vote as a fundamental right instead it granted it as a
constitutional right. This raised various questions whether the right to vote in elections was
protected or not. If right to vote was included in the list of fundamental right every person who
were prevented from voting like prisoners will try to enforce their right to vote. Since right to
vote was a constitutional right and not a fundamental right the state can prevent the citizens from
voting for certain reasons and it cannot be challenged in the court if it was for a valid reason,
unless if it was a fundamental right which can be challenged it the court for any reason if it was
violated. The government also doesn't allow some people to exercise their right to vote and the
reason behind such reason was found and analyzed whether it was for a valid reason. In this
project it was analyzed why right vote was not included in the list of fundamental rights and
what impact does it makes on the citizens right to vote.

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 RESEARCH QUESTIONS

1) Why is right to vote a constitutional right in India?

2) What will be the difference if right to vote was a fundamental right in India and not a
constitutional right?

3) Who are restricted from voting by the government of India?

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 TENTATIVE CHAPTERISATION

Chapter 1:-

1) Introduction

2) Research Methodology

3) Objective

Chapter 2:-

1) History of voting in India

Chapter 3:-

1) Right to Vote : Constitutional right in India

2) Persons who are eligible for voting

3) Governing body for elections in India

Chapter 4:-

1) Right to vote is not a fundamental right justified?

Chapter 5:-

1) Conclusion

2) Bibliography

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 TENTATIVE BIOBLIOGRAPHY

1) Shukla, V.N., CONSTITUTION OF INDIA, Twelfth Edition, Eastern book Company.

2) Jain, M.P., INDIAN CONSTITUTIONAL LAW, Seventh Edition, LexisNexis