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Rohan Baweja

Supreme Court dismiss a PIL seeking to declare Right to Vote as Fundamental Right

On March 11, 2024, the Supreme Court of India rejected a PIL (Public Interest Litigation) seeking to declare the right to vote as a fundamental right, with Chief Justice DY Chandrachud stressing the importance of a live controversy for the court’s jurisdiction under Article 32. Despite claims of imminent threat to voting rights, the court found insufficient evidence to warrant intervention. The advocate cited international examples, but the court deemed no live issue justifying Article 32 jurisdiction. A previous SC judgment was referenced, where the right to vote was categorized as a constitutional rather than a fundamental right by a 4:1 majority.

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