UPSC Prelims 2017 Q86: Indian Polity – Elections & Electoral Reforms
Right to vote and to be elected in India is a
- (a) Fundamental Right
- (b) Natural Right
- (c) Constitutional Right
- (d) Legal Right
Answer: (c) Constitutional Right
Explanation
Right to vote and to be elected
Article 326 provides for elections on the basis of adult suffrage.
The details are in the Representation of the People Acts, 1950 and 1951.
| Type of right | Meaning | Does the right to vote fit? |
|---|---|---|
| (a) Fundamental Right | In Part III; enforceable under Article 32 | No; it is not in Part III |
| (b) Natural Right | Held by birth, without any law | No |
| (c) Constitutional Right | Given by the Constitution outside Part III | Yes (official key) |
| (d) Legal Right | Given by an ordinary law | Partly; see the note |
Note on the key:
| View | Position |
|---|---|
| UPSC official key | Constitutional Right, because of Article 326 |
| Some Supreme Court rulings | Called it a statutory right under the 1951 Act |
On the exam, go with the official key.
Answer: (c) Constitutional Right.
Why each option is right or wrong
- (a) Incorrect. The right to vote is not listed among the Fundamental Rights in Part III.
- (b) Incorrect. It is not a Natural Right; it exists only because the law grants it.
- (c) CORRECT. Article 326 makes the right to vote a Constitutional Right.
- (d) Incorrect. The official key treats it as Constitutional, since Article 326 is its source.
Key point
Right to vote and to be elected: Constitutional Right under Article 326 (adult suffrage), not a Fundamental Right; details in the Representation of the People Acts.
Remember
Right to vote = Constitutional Right (Article 326).
Common mistakes
- Marking Fundamental Right because voting feels basic to democracy.
- Forgetting Article 326, the constitutional source of adult suffrage.
- Confusing the right to vote with the freedom of expression shown by casting a vote.
Exam tip
A right in the Constitution but outside Part III is a Constitutional Right, like the right to property (Article 300A).
Sources
- Constitution of India — Article 326
- Representation of the People Act, 1951 — Section 62