UPSC Official Answerkey: “C” is the answer. This will require either the passing of such a law by Parliament, or a statutory directive by the Election Commission (regulatory electoral body), under the powers conferred upon it. The right of all people to vote in elections, without any discrimination, is one of the most fundamental of all human rights and civil liberties. These rights, if infringed are enforceable and justiciable in the High Courts under Article 226 of the Constitution of India and in the Supreme Court under Article 32 of the Constitution of India. But more than anything, it’s a right — the most fundamental right in any democracy. यानी की it’s the Constitutional right. Many democratic governments consider participating in national elections a right of citizenship. Article 9. The right to vote is the fundamental right that has been the source of the most significant Supreme Court litigation. This right is universally granted to all Indians, with a few exceptions. If you’re looking for the right to vote, you won’t find it in the United States Constitution or the Bill of Rights. The Thirteenth Amendment (1865) abolished slavery but was silent on the right to vote. It is the most recently implemented fundamental right. A century ago, the Nineteenth Amendment was added to the Constitution, prohibiting state-sponsored voting discrimination on account of sex, and women’s status as equal citizens was formally etched in the Constitution’s text. A newly implemented eighth fundamental right is: right to education; This right was added to the constitution after the 86th amendment in the year 2002 under article 21A. ... Voting is not a fundamental right, but is a legal right granted to citizens. The right to vote may be "God-given" and "fundamental," as the president stated, but it is not protected in the U.S. Constitution. In this year's midterms, about 6 million Americans may be kept from the polls. Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. Instead of a national standard, states determine the conditions of voting in federal, as well as state elections. Right to vote and the exercise of this franchise by eligible citizens is the pulse of every democracy. 'The right to vote is our most fundamental right': Stacey Abrams Posted By: Radio Pacific, Inc August 18, 2019 @ 11:15 am ABC Politics The Indian Constitution has granted the right to vote to all Indian citizens of sound mind above the age of 18, irrespective of an individual’s caste, religion, social or economic status. The correct answer, according to the United States government, was, “The right to vote.” But that “right” has always been on shaky ground. Yet the right to participate in free elections is just one example of a right all too often taken for granted. Hundreds of thousands of Minnesotans exercised that right in the latest primary. In one breath the Court calls the right to vote fundamental … What is less well known is that the Nineteenth Amendment also helped cement the idea that the right to vote is a fundamental right […] Just as the Constitution once countenanced slavery, it also allowed voting to be restricted to property-holding white men. You have no constitutional right to vote. Voting is our most fundamental right – let's make sure it's open to everyone T e r r i S e w e l l a n d V a n i t a G u p t a This article is more than 6 months old In my Answerkey, I had picked C because New NCERT,Std. constitutional right to vote a fundamental right? The right to vote is the fundamental right that has been the source of the most significant Supreme Court litigation. That threat is also an opportunity to recommit to the values we hold dear, from fairness to respect and solidarity. Voting not only enables the citizens to vote for political parties, but it also helps them to realize the importance of citizenship. A right not guaranteed in affirmative terms isn't really a "right" in a fundamental sense, this reading suggests. In the United States, the right to vote is considered the most fundamental right, and thus warrants the utmost protection under the laws of a democratic society. Ramirez case, Justice Rehnquist wrote: “Because the right to vote ‘is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government,’… voting is a ‘fundamental’ right.” The United States Constitution: The supreme law of the land The idea that the right to vote is fundamental derives from constitutional amendments and judicial decisions following the Civil War. Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18. A fundamental right to vote: Removing barriers for people with disabilities. It simply rules out specific limitations on "the right to vote." The right to vote has been a hard-fought right that embodies the most basic part of the democratic system: choosing the people and officials who … right to vote(but above 18 years) right to living and freedom. The RTE Act enabled this right in the year 2010. The answer, surpris-ingly, is “not always.” For over forty years, the Supreme Court has fostered confusion sur-rounding the right to vote by creating two lines of election law cases. Overview. This is because in the realm of election law, the fundamental right to vote is really an individualized concern regarding the exercise of the franchise. reaffirms that voting is a fundamental right of all eligible United States citizens, protected by the Constitution and the Fourteenth Amendment; and (2) recognizes that allowing illegal immigrants the right to vote devalues the franchise and diminishes the voting power of United States citizens. impact the fundamental right to vote and deserve strict scrutiny review. The right to vote, without discrimination, is set out in the International Covenant on Civil and Political Rights (article 25) and the International Covenant on … Until, that is, it is under threat. 11, Introduction to Indian Constitution Chapter 3, Page 66 and 67 mentioned that, whereas some were citing SC judgements in PILs that it’s a legal right / fundamental right. Voting is a fundamental right of any citizen that enables them to choose the leaders of tomorrow. In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications. The Supreme Court has contributed to the confusion surrounding the right to vote by creating two lines of voting rights cases. Photo Credit: Adobe Stock. The right to not to vote is a fundamental right as it is a part of freedom of expression.” Quraishi was referring to the NOTA (none of the above) option given to the citizens . In many countries, the minimum age for voting is 18 years. Such a bald statement undoubtedly will come as a surprise to some readers, who may have thought that voting is pretty fundamental to a democracy. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. The right to negative voting is a right which may be extended to citizens irrespective of whether right to vote is considered as a fundamental right. Article 21 (1) Citizens have the right to participate in the administration of public affairs either directly or through the free election of their representatives. Article 32 is itself a fundamental right. The next European elections are just around the corner, but many EU citizens with disabilities will not be casting their ballots this spring, writes Krzysztof Pater. “While I acknowledge the results of the 2018 election here in Georgia, I did not and we cannot accept efforts to undermine our right to vote,” she said in the response. These fundamental rights apply to every citizen of India irrespective of their caste, creed, religion, sex or place of birth. In one breath the Court calls the right to vote fundamental and applies strict scrutiny. Voting is a fundamental American right, so why do some of us still not have it? 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