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right to vote is a constiutional right.. shankar is wrong in this as well. lot of mistakes..
1) which article states the right ? 2) if u change rpa act, can u add/reduce the number of voter ? 3) if it is constitutional right to vote, then y the detained cant vote ? but they can file nominations..
It is a constitutional right regulated by appropriate act of parliament. Clearly mentioned in ncert. Its roots are in constitution. If age of the voter is to be increased or decreased then why it requires a constitutional amendment???
Regulation is the key here. A person might lose his voting right subject to the provisions of rpa. The said person cannot challenge on the grounds of article 326 which gives a general guide line for all persons of an appropriate age to have a voting right. Ps. I have marked constitutional right in the heat of the moment without deliberating much. But I guess it will be wrong.
Bro a person would also loose its right to freedom (6 rights ) subject to the provision of reasonable restriction. which is time to time decided by court and some are given in constitution it self.
On the same logic RPA provides only ground/situation/condition of reasonable restriction. according to which A person might lose his voting right.
Hi. Its not that court decide from time to time grounds on which the right to freedom can be taken away. It only checks if the grounds given for taking away the rights are within the ambit of reasonable restrictions provided in the article 19(2) itself.No new restrictions can be held valid. The reasonable restrictions are the only ones provided in the said article based on which govt can restrict different freedom. If yes see that article different freedom has different set of restrictions. N these are non negotiable. Court only see whether the law of a govt is within those restrictions or not. Article 19 in this sense is a complete article. No new restrictions can be added but everything has to be justified within the given restrictions.
Bro.. no any Right is absolute/complete in its sense. Every right has certain limiltations which arises from time to time and has to be regulated by some provisions Provided in the other acts or by judicial explanations.... and mention of Right in such acts does not means the the Right is provided by act only..
also what latest/new NCERT says take a look..
1. Article 326 2. Latest SC judgement - rajbala vs. state of haryana case (Dec, 2015) 3. All text books -------------- all says RTV is a constitutional right
RTV is a legal right if you stick to only NOTA judgement (2013)
off course it says RTV is constitutional but it is also legal. but what about right to get elected.??
one more thing all constitutional rights are legal but not all legal rights are constitutional.
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Comments
What it might be: ~110
idea lag jyega
I hope this turns out to be enough this year.