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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.
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.
But bhai kya kehna chate ho.. Kaha he right to vote yaha par??.. And i am nt saying right to be elected is a fundamental right bro..
As I've said before, it's not there in this judgement.
The last case and hence most recent judgement for "right to vote" is still Rajbala case. Which calls both a constitutional right.
This judgment + ECI website + PRS + Constitution itself makes it very very clear that Right to vote is constitutional.
But, since the 2nd part of the question has been declared as statutory, we will have to wait for UPSC.
Also, Mr. logic here didn't understand my comment on NCERt at all. Which as I can see now, is quite obvious why.
In rajbala theytalked about right to contest as well... . If that is synonymous to to be elected then i think its clear as well.. And ncert said both rtv n to be elected go along... So i don't knw may b i am wtong... Bt...
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