Q86 · UPSC Prelims 2017 · Set A · Polity and Governance

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Right to vote and to be elected in India is a

A Fundamental Right
B Natural Right
C Constitutional Right
D Legal Right

Correct answer: (c) Constitutional Right

Explanation

  1. A

    Fundamental Right

    Voting in elections is not listed among the Fundamental Rights in Part III. Freedom of speech and equality are FRs; adult suffrage is placed elsewhere. This option is not the key.

  2. B

    Natural Right

    Natural rights are a philosophical category (life, liberty) not the Indian constitutional classification of the vote. This option is therefore wrong.

  3. C

    Constitutional Right

    The right to vote is a constitutional right flowing from Article 326 (adult suffrage) and related electoral provisions, as the Supreme Court has treated it (distinct from FRs). The right to be elected is similarly a constitutional/statutory electoral right, not a Part III freedom. That is why (c) is the official key.

  4. D

    Legal Right

    Calling it only a legal right undersells its constitutional anchoring in Article 326, even though the Representation of the People Act supplies the machinery. Official key prefers constitutional right. This option is not the key.

Summary. Official key is (c) Constitutional Right. Article 326 provides universal adult suffrage. Part III does not enumerate a fundamental right to vote. Natural-rights language is not how the Constitution catalogues this power. Statutes run elections, but the suffrage principle is constitutional. Only (c) matches the standard UPSC answer.