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Constitutional Law

Research Collection Yong Pung How School Of Law

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The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam Jan 2007

The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.


Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam Jan 2004

Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …