Question map
Right to vote and to be elected in India is a
Explanation
The right to vote in elections is an important constitutional right.[1] While the right to vote is neither a fundamental right nor a common law right but is pure and simple,[2] a statutory right, it is also recognized as a constitutional right because this right is explicitly granted and protected by the Constitution of India, primarily under Article 326.[3] The Constitution provides many more rights, which may not be Fundamental Rights. For example, the right to property is not a Fundamental Right but it is a constitutional right.[1] Similarly, the right to vote falls into this category—it is derived from constitutional provisions (Article 326) and operationalized through statutory law (Section 62 of the Representation of the People Act, 1951). Therefore, option C is correct as it best captures the nature of voting rights in India as constitutional rights that are not fundamental rights but are enshrined in the Constitution itself.
Sources- [1] Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
PROVENANCE & STUDY PATTERN
Guest previewThis question is a classic 'NCERT vs. Case Law' trap. While the Supreme Court has often termed the right to vote as a 'statutory right' (derived from RPA 1951), the NCERT Class XI Political Science textbook explicitly labels it a 'Constitutional Right'. In UPSC Prelims, the NCERT text overrides complex judicial nuances.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Is the right to vote and to be elected in India a Fundamental Right under the Indian Constitution?
- Statement 2: Is the right to vote and to be elected in India a Natural Right according to Indian law or constitutional doctrine?
- Statement 3: Is the right to vote and to be elected in India a Constitutional Right under the Indian Constitution?
- Statement 4: Is the right to vote and to be elected in India a Legal Right created and enforceable by ordinary statute law?
- Explicitly states the right to vote is not a fundamental right but a statutory right.
- Specifically says the right to be elected is likewise statutory, directly addressing both parts of the question.
- Reports the Supreme Court characterization that the 'right to vote' is a statutory right under the Representation of the People Act, 1951.
- Distinguishes 'right to vote' (statutory) from 'freedom of voting' (as expression under Article 19), reinforcing that voting itself was not placed on par with fundamental rights.
Lists the specific rights contained in Part III (Fundamental Rights) — a bounded catalogue that does not include voting or candidature.
A student could check whether the right to vote/contest appears in Part III; if not, that suggests it is not a Fundamental Right.
Explicitly notes elections to Lok Sabha/State Assemblies are on adult suffrage under Article 326 in Part XV and distinguishes such rights as different from Fundamental Rights.
A student could verify the location of Article 326 (Part XV) and note that being placed outside Part III implies a different legal status than Fundamental Rights.
States that the right to vote is an important 'constitutional right' and gives example of a right that is constitutional but not Fundamental (right to property).
A student can use this pattern (constitutional vs Fundamental) to infer that being labeled a 'constitutional right' suggests it may not be a Fundamental Right.
Explains the key practical distinction: Fundamental Rights in Part III have a special remedy (direct access to Supreme Court under Article 32) which is not available for rights in other Parts.
A student could check whether violations of voting rights are enforceable directly under Article 32 — absence would support that voting is not a Fundamental Right.
Describes that the Constitution guarantees universal adult franchise and answers who can vote/contest, indicating these are constitutional provisions rather than listing them among Part III rights.
A student could locate the constitutional provisions guaranteeing franchise/contest (e.g., Articles on franchise) and note their placement to judge whether they are in Part III.
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