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UPSC Prelims 2017 Q86: Indian Polity – Elections & Electoral Reforms

UPSC Prelims 2017, General Studies Paper I · Indian Polity

Right to vote and to be elected in India is a
  1. (a) Fundamental Right
  2. (b) Natural Right
  3. (c) Constitutional Right
  4. (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 rightMeaningDoes the right to vote fit?
(a) Fundamental RightIn Part III; enforceable under Article 32No; it is not in Part III
(b) Natural RightHeld by birth, without any lawNo
(c) Constitutional RightGiven by the Constitution outside Part IIIYes (official key)
(d) Legal RightGiven by an ordinary lawPartly; see the note

Note on the key:

ViewPosition
UPSC official keyConstitutional Right, because of Article 326
Some Supreme Court rulingsCalled 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

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

Exam tip

A right in the Constitution but outside Part III is a Constitutional Right, like the right to property (Article 300A).

Sources

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