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But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
Bhai just to add all constitutional rights are legal rights but not vice versa...to uske legal prove hone se constitutional unprove nhi hota...lekin agar upsc ek hi option se gya to legal hone ke chance jyada honge....kyoki my Lord SC ne differing decision to diye hai lekin phir bhi PUCL larger bench thi jo legal ke favour mein hai... lekin abhi tak ncert ka bhi track record achha rha hai just like Shanker IAS for prelims answer key and cutoff prediction to lets see....what future holds for us....
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
I haven't missed any portion at all. Check the same page, I've commented just a few lines before that it's both constitutional and legal. But not fundamental in any way.
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
I haven't missed any portion at all. Check the same page, I've commented just a few lines before that it's both constitutional and legal. But not fundamental in any way.
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
Refer judgement i have quoted above... it is a jan 2017 judgements.... there are 15 otber such judgements.... except Rajbala all have said RTV to be legal including a 7 judge bench in 1951... Lets see if UPSC can overrule SC
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
Correct but SC itself has given differing decision on Right to vote...though PUCL CASE(larger bench and legal right favour) has higher preference over Rajbhala case(supporting constitutional more)...may be for final verdict one day it might establish a bench like 9 judge bench which it has established for right to privacy for handling aadhaar issue...but right to vote ka legal hone ke chance jyada hai constituional se....but constitutional has more support from standard books like ncert.... Moreso right to vote and right to be elected goes along with each other as given in ncert... Finally this question has been asked in UPPSC 2015 and answer was both consitutional and legal right...so lets see what upsc decides....
State pcs aur upsc mein fark samjho..this is why upsc doesn't release the answer key...upsc will never ever give 2 answers for 1 question in gs...answer uska ek hi hai..legal
That is why answer C hi hai.. NCERT and latest rajbala case.. since day one n even aftr nearly a month has passed we are still doing this...the same thing.. Haha.. It's fun though lol
RAJBALA is not latest bro... have a look at this
Abhiram Singh vs C.D. Commachen (Dead) By Lrs.& Ors on 2 January, 2017 Author: S A Bobde Bench: T.S. Thakur, Madan B. Lokur, S.A. Bobde
The right to stand as a candidate and contest an election is not a common law right. It is a special right created by statute and can only be exercised on the conditions laid down by the statute. The Fundamental Rights Chapter has no bearing on a right like this created by statute. The appellants have no fundamental right to be elected members of Parliament. If they want that they must observe the rules. If they prefer to exercise their right of free speech outside these rules, the impugned sections do not stop them. We hold that these sections are intra vires.” We need say nothing more on the subject.
Bhai common law right and fundamental right is different from constitutional right...and proving it legal right does not make it unconstitutional unless it explicitly mentions that it is not constitutional right....but u may disagree with this argument...so we should leave it to upsc...
Jo bhi legal ko support kar rha hai.... mujhe bas itna batao ki kaunsa source pade for knowing such ques for next pre (std sources like ncert and laxmi both say constitutional)
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
I haven't missed any portion at all. Check the same page, I've commented just a few lines before that it's both constitutional and legal. But not fundamental in any way.
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
Refer judgement i have quoted above... it is a jan 2017 judgements.... there are 15 otber such judgements.... except Rajbala all have said RTV to be legal including a 7 judge bench in 1951... Lets see if UPSC can overrule SC
By your logic, NCERT has been successfully overruling all 15 judgements of SCI since 1951?
Anyway. Let's give it a rest now. We'll know soon enough.
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
I haven't missed any portion at all. Check the same page, I've commented just a few lines before that it's both constitutional and legal. But not fundamental in any way.
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
Refer judgement i have quoted above... it is a jan 2017 judgements.... there are 15 otber such judgements.... except Rajbala all have said RTV to be legal including a 7 judge bench in 1951... Lets see if UPSC can overrule SC
By your logic, NCERT has been successfully overruling all 15 judgements of SCI since 1951?
Anyway. Let's give it a rest now. We'll know soon enough.
Ok... class 9th NCERT is final interpreter of our constitution.... With this I rest my argument
Jo bhi legal ko support kar rha hai.... mujhe bas itna batao ki kaunsa source pade for knowing such ques for next pre (std sources like ncert and laxmi both say constitutional)
Refer Laxmikanth fundamental right chapter.. under other constitutional right it says right to vote is both constitutional nd legal right...
But point is that article 326 does not give you right to vote.... it only says that criteria for elections could be universal adult suffarage... which means no other criteria shall be used... this has to be seen in historican sense when there were several criteria like communal electorate, property rights, educational criteria and so on... this bascically bans all those criteria.
I'm afraid you're the one who is factually incorrect now.
Let me put up the text of Article 326:
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; but 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
It very clearly says 2 phrases: "To be on the basis of" -- which means its not "could be", its a definite statement. "Shall be entitled" to be registered as a voter -- and even with my limited knowledge of polity, i can safely say this is definitive as well.
You'll find suffrage means giving the right to vote.
But then again, as already pointed out, I don't seem to know basic polity, so you should re search the meaning on your own.
You conviniently missed this highlighted portion.
Right to voye is specifically mentioned in RPA 1951 article 62... refer attachment
Coming to that law mains question it specifically asks you whether RTV is fundamental or statutory.... so saying that it is none is bit far fetched.... they have used statutory becoz they consider it statutory.
I haven't missed any portion at all. Check the same page, I've commented just a few lines before that it's both constitutional and legal. But not fundamental in any way.
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
Refer judgement i have quoted above... it is a jan 2017 judgements.... there are 15 otber such judgements.... except Rajbala all have said RTV to be legal including a 7 judge bench in 1951... Lets see if UPSC can overrule SC
Overrule ka to pata nhi lekin sayad do answer de ya sabko no de ya question drop kar sakta hai...aur adamant rha to legal dega...
Jo bhi legal ko support kar rha hai.... mujhe bas itna batao ki kaunsa source pade for knowing such ques for next pre (std sources like ncert and laxmi both say constitutional)
Refer Laxmikanth fundamental right chapter.. under other constitutional right it says right to vote is both constitutional nd legal right...
But in citizenship chapter it says constitutional right. Maine ncert nhi padi thi 9th class ki par ye chap + IE ka rajbala case ka article yaad tha so marked accordingly
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lekin abhi tak ncert ka bhi track record achha rha hai just like Shanker IAS for prelims answer key and cutoff prediction to lets see....what future holds for us....
The highlighted portion was not relevant to the comment you wrote. Hence there was no point in me highlighting it.
The highlighted portion just means that the right can be regulated by law or the constitution itself. As has been done by RPA (legal) and by 61st CAA (constitutional)
You seem to have conveniently missed the earlier discussion, as well as detracted from the point. Which was to tell you what suffrage means and that it is definitive by the constitution.
Anyway. Let's give it a rest now. We'll know soon enough.