This 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.
How this question is built
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?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected."
Why this source?
- 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.
"‘right to vote’ was only a statutory right conferred by Section 62 of the Representation of the People Act of 1951"
Why this source?
- 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.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > III I Fundamental Rights > p. 30
Strength: 5/5
“Part III of the Indian Constitution guarantees six fundamental rights to all the citizens: • (a) Right to Equality Articles 14-18) • (b) Right to Freedom (Articles 19-22) • (c) Right against Exploitation (Articles 23-24) • (d) Right to Freedom of Religion (Articles 25-28) • (e) Cultural and Educational Rights (Articles 29-30) and • (f) Right to Constitutional Remedy (Article 32) Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of J978. It is made a legal right under Article 300-A in Part XII of the constitution.”
Why relevant
Lists the specific rights contained in Part III (Fundamental Rights) — a bounded catalogue that does not include voting or candidature.
How to extend
A student could check whether the right to vote/contest appears in Part III; if not, that suggests it is not a Fundamental Right.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
Strength: 5/5
“The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV). Even though the above rights are equally justiciable, they are different from the fundamental Rights. In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy.”
Why relevant
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.
How to extend
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.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
Strength: 4/5
“Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights. Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children up to the age of 14 years. enumerated in the Constitution. 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. The right to vote in elections is an important constitutional right. Sometimes the expansion takes place in what is called human rights.”
Why relevant
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).
How to extend
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.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96
Strength: 4/5
“INTRODUCTION TO THE CONSTITUTION OF INDIA provisions of Part XIII of the Constitution, the individual who is affected by such restriction may challenge the action by appropriate legal proceedings. What, then, is the distinction between the "fundamental rights" included in Fundamental Rights and rights secured by other provisions of Constitution. Part III of the Constitution and those rights arising out of the limitations<br>Difference between contained in the other Parts<sup>19</sup> which are equally justiciable? Though the rights of both these classes are equally justiciable, the constitutional remedy by way of an application direct to the Supreme Court under Article 32, which is itself included in Part III, as a "fundamental right". is available only in the case of fundamental rights.”
Why relevant
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.
How to extend
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.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
Strength: 3/5
“Apart from laying down a method of elections, the Constitution answers two basic questions about elections: Who are the voters? Who can contest elections? In both these respects our Constitution follows the well established democratic practices. You already know that democratic elections require that all adult citizens of the country must be eligible to vote in the elections. This is known as universal adult franchise. In many countries, citizens had to fight long battles with the rulers to get this right. In many countries, women could get this right very late and only after struggle. One of the important decisions of the framers of the Indian Constitution was to guarantee every adult citizen in India, the right to vote.”
Why relevant
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.
How to extend
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.
Statement 2
Is the right to vote and to be elected in India a Natural Right according to Indian law or constitutional doctrine?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"The right to vote in India is a constitutional right. This right is explicitly granted and protected by the Constitution of India, primarily under Article 326."
Why this source?
- Explicitly states the right to vote is a constitutional right under Article 326.
- Ties the franchise to the Constitution (not to a 'natural right' doctrine).
"neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election”."
Why this source?
- States the right to vote and to be elected is neither a fundamental nor a common law right.
- Describes it as 'pure and simple, a statutory right', supporting that it is not a natural right.
"Since the right to Vote is mentioned under Article 326 in the Constitution of India ... it is said to be a Constitutional Right."
Why this source?
- Explains that rights mentioned in the Constitution but not under Fundamental Rights are 'constitutional rights'.
- Specifically says the right to vote is mentioned under Article 326 and 'is said to be a Constitutional Right.'
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
Strength: 5/5
“Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights. Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children up to the age of 14 years. enumerated in the Constitution. 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. The right to vote in elections is an important constitutional right. Sometimes the expansion takes place in what is called human rights.”
Why relevant
Explicitly states that the right to vote is an important constitutional right and distinguishes it from Fundamental Rights.
How to extend
A student can check whether the right to vote is enumerated in Part III (Fundamental Rights) or elsewhere in the Constitution (e.g., Article references) to see if it is a constitutional/legal right rather than a Fundamental or 'natural' right.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
Strength: 4/5
“t RIGHTS OUTSIDE PART III Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or non-fundamental rights. They are: • 1. No tax shall be levied or collected except by authority of law (Article 265 in Part XIX). • 2. No person shall be deprived of his/ her property save by authority of law (Article 300-A in Part XII). • 3. 'Tade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).• 4.”
Why relevant
Defines the category 'rights outside Part III' as constitutional/legal rights and lists examples, establishing that some rights are constitutional but not Fundamental Rights.
How to extend
Use this rule to classify the right to vote: if voting is provided outside Part III, it would be a constitutional (non-fundamental) right rather than a Fundamental/Natural Right.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
Strength: 4/5
“Apart from laying down a method of elections, the Constitution answers two basic questions about elections: Who are the voters? Who can contest elections? In both these respects our Constitution follows the well established democratic practices. You already know that democratic elections require that all adult citizens of the country must be eligible to vote in the elections. This is known as universal adult franchise. In many countries, citizens had to fight long battles with the rulers to get this right. In many countries, women could get this right very late and only after struggle. One of the important decisions of the framers of the Indian Constitution was to guarantee every adult citizen in India, the right to vote.”
Why relevant
Says the Constitution guarantees every adult citizen the right to vote (universal adult franchise), showing the right is constitutionally provided.
How to extend
Combine this with knowledge of where constitutional guarantees are placed (Part III vs other parts) or with the text of relevant Articles to judge the legal/constitutional status versus a 'natural' right.
Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 5: Universal Franchise and India’s Electoral System > Universal Adult Franchise > p. 118
Strength: 4/5
“The Constitution makers decided that universal adult franchise would be a feature of Indian democracy right from the outset. This means that every adult citizen gets one vote, and all votes have equal value. Hence, every Indian citizen aged 18 and above has the right to vote — irrespective of caste, creed, race, religion, gender, education, income, etc. The word 'universal' connotes this.”
Why relevant
Explains universal adult franchise is a feature of the Constitution, stating every adult citizen has the right to vote irrespective of personal attributes.
How to extend
A student could examine whether this constitutional guarantee is implemented by statute or by Part III protections to infer whether the right is treated as a constitutional/legal right rather than a natural right.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 92: World Constitutions > 2017 TEST PAPER > p. 752
Strength: 3/5
“Which of the statements given above is/ are correct? • (a) 1 only • (b) 2 only • (c) Both 1 and 2 • (d) Neither 1 nor 2 • 11. Right to' vote and to be elected in India is a • (a) Fundamental Right • (b) Natural Right • (c) Constitutional Right • (d) Legal Right • 12. Consider the following statements: • (i) The Election Commission of India is a five-member body. • 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and by-elections. • 3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.”
Why relevant
Presents a multiple-choice framing that lists possible classifications (Fundamental, Natural, Constitutional, Legal) for the right to vote, indicating this is a categorized legal question in study materials.
How to extend
Use this taxonomy as a checklist to compare textual/source-based evidence (Constitution provisions, Part III presence, judicial decisions) to eliminate 'natural right' if sources classify it as constitutional/legal.
Statement 3
Is the right to vote and to be elected in India a Constitutional Right under the Indian Constitution?
Origin: Direct from books
Fairness: Straightforward
Book-answerable
From standard books
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
Presence: 5/5
“Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights. Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children up to the age of 14 years. enumerated in the Constitution. 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. The right to vote in elections is an important constitutional right. Sometimes the expansion takes place in what is called human rights.”
Why this source?
- Explicitly states 'The right to vote in elections is an important constitutional right.'
- Distinguishes constitutional rights from fundamental rights, implying voting is within constitutional provisions.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
Presence: 5/5
“Apart from laying down a method of elections, the Constitution answers two basic questions about elections: Who are the voters? Who can contest elections? In both these respects our Constitution follows the well established democratic practices. You already know that democratic elections require that all adult citizens of the country must be eligible to vote in the elections. This is known as universal adult franchise. In many countries, citizens had to fight long battles with the rulers to get this right. In many countries, women could get this right very late and only after struggle. One of the important decisions of the framers of the Indian Constitution was to guarantee every adult citizen in India, the right to vote.”
Why this source?
- Says the Constitution 'guarantee[s] every adult citizen in India, the right to vote.'
- Frames universal adult franchise as a constitutional decision by the framers.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 67
Presence: 5/5
“process of selecting their representative. This is consistent with the principle of equality and non-discrimination that we studied in the chapter on rights. Many people thought and many think so today that giving the right to vote to everyone irrespective of educational qualification was not right. But our Constitution makers had a firm belief in the ability and worth of all adult citizens as equals in the matter of deciding what is good for the society, the country and for their own constituencies. What is true of the right to vote is also true of right to contest election. All citizens have the right to stand for election and become the representative of the people.”
Why this source?
- States that 'All citizens have the right to stand for election and become the representative of the people.'
- Links the right to contest elections to the Constitution's broad democratic principles.
Statement 4
Is the right to vote and to be elected in India a Legal Right created and enforceable by ordinary statute law?
Origin: Web / Current Affairs
Fairness: CA heavy
Web-answerable
"'the ‘right to vote’ was only a statutory right conferred by Section 62 of the Representation of the People Act of 1951, and subject to the limitations given in the statute.'"
Why this source?
- Explicitly states the 'right to vote' is a statutory right conferred by a provision of the Representation of the People Act (i.e., created by statute).
- Distinguishes the statutory 'right to vote' from other constitutional/fundamental rights (shows enforceability is subject to statutory limits).
"'neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election'."
Why this source?
- States directly that the right to vote and the right to be elected are 'pure and simple, a statutory right.'
- Specifically groups the right to be elected with the right to vote as statutory (i.e., created and governed by statute).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > ELECTIONS > p. 449
Strength: 5/5
“There shall be one electoral roll for every territorial constituency for election to either House of Parliament. pr' to the State Legislature and no person shall be excluded from such roll" on grounds only of religion, race, ,caste, sex or any of them (Article 325]. . (b) The election shall be on the basis of adult suffrage, ie, every pers~n who is a citizen of India and who is not less than 182 years of age shall be entitled to vote at the election provided he ' is not disqualified by any provision of the Constitution or of any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime, or corrupt or illegal practice (Article 326]. , " Subject to the above principles and other provisions of the Constitution, the power to make laws relating to all matters in connection with 'election not only to the Houses of Parliament, but also to the Houses of Power of Legislature.”
Why relevant
States that Article 326 entitles every citizen of India aged 18+ to vote, but also that disqualifications can be by Constitution or 'any law made by the appropriate Legislature'.
How to extend
A student could combine this with knowledge of the Constitution to infer that the right is constitutionally recognized but subject to statutory regulation and disqualification by ordinary laws.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER 31 > p. 450
Strength: 5/5
“INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 31 Decision of disputes relating to Election of Members. or whether any candidate returned as member suffered from any disqualification under the law or the Constitution, or whether a candidate who ought to have been returned has been, in fact, declared not elected. For the decision of such disputes, the Constitution provides [Article 329] that the courts of the land will have no jurisdiction and that any question relating to an election can be agitated only by an election petition, as provided for by law.”
Why relevant
Explains Article 329 bars ordinary courts from jurisdiction over election disputes and requires election petitions 'as provided for by law'.
How to extend
One could deduce that enforcement mechanisms are provided by special statutory procedure rather than standard judicial remedies, affecting whether it's an ordinary legal right enforceable in courts.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
Strength: 4/5
“The elections to the Lok Sabha and the State Legislative Assembly shall be on the basis of adult suffrage (Article 326 in Part XV). Even though the above rights are equally justiciable, they are different from the fundamental Rights. In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy.”
Why relevant
Notes elections are on basis of adult suffrage (Article 326) and distinguishes these electoral rights from Fundamental Rights, stating aggrieved persons cannot use Article 32 remedy.
How to extend
This suggests electoral rights are constitutionally placed outside Part III remedies, so a student might infer they are not fundamental rights and their enforceability differs from other constitutional rights.
Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
Strength: 4/5
“Apart from laying down a method of elections, the Constitution answers two basic questions about elections: Who are the voters? Who can contest elections? In both these respects our Constitution follows the well established democratic practices. You already know that democratic elections require that all adult citizens of the country must be eligible to vote in the elections. This is known as universal adult franchise. In many countries, citizens had to fight long battles with the rulers to get this right. In many countries, women could get this right very late and only after struggle. One of the important decisions of the framers of the Indian Constitution was to guarantee every adult citizen in India, the right to vote.”
Why relevant
Says the Constitution 'guarantee[s] every adult citizen in India, the right to vote' and frames both 'Who are the voters? Who can contest?' as constitutional questions.
How to extend
Combine with Article references to conclude the right is constitutionally guaranteed in form, though further rules on exercise may be in statute.
Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 5: Universal Franchise and India’s Electoral System > Before we move on… > p. 137
Strength: 3/5
“• Æ Universal adult franchise is the cornerstone of Indian democracy.• Æ The right to vote is a responsibility, too. It needs to be taken seriously by every voter. Voter awareness is an important aspect of the right to vote.• Æ It is important to facilitate the participation of all eligible voters.• Æ The Election Commission of India is the Constitutional body that conducts elections in the country.
137Governance and Democracy 5 – Universal Franchise and India's Electoral System”
Why relevant
Identifies the Election Commission as a Constitutional body that conducts elections.
How to extend
A student could infer that administration and rules of elections are implemented by constitutional institutions and statutory rules, not solely by ordinary private-law remedies.
Pattern takeaway:
UPSC prioritizes the 'Parent Source' over the 'Implementing Mechanism'. Even if the RPA 1951 regulates voting, the source is Article 326. Therefore, it is Constitutional. Trust the explicit text of the Constitution over judicial commentary in Prelims.
How you should have studied
- [THE VERDICT]: Controversial Sitter. Directly lifted from NCERT Class XI, 'Indian Constitution at Work', Chapter 3 (Election and Representation), Page 66-67.
- [THE CONCEPTUAL TRIGGER]: The hierarchy of Rights: Fundamental (Part III) > Constitutional (Other Parts) > Statutory (Acts of Parliament) > Customary/Natural.
- [THE HORIZONTAL EXPANSION]: Memorize the status of these specific rights:
1. Right to Property (Art 300A) → Constitutional/Legal (Not Fundamental).
2. Right to Vote (Art 326) → Constitutional.
3. Right to Privacy (Puttaswamy Judgment) → Fundamental (Art 21).
4. Right to Information → Statutory (RTI Act) but flows from Fundamental (Art 19).
5. No Tax without Law (Art 265) → Constitutional.
- [THE STRATEGIC METACOGNITION]: Always check the 'Source Document'. If the Constitution explicitly mentions the right (e.g., Art 326 says 'elections shall be on the basis of adult suffrage'), it is a Constitutional Right first. Do not downgrade it to a 'Legal Right' unless 'Constitutional Right' is not an option.
Concept hooks from this question
👉 Constitutional rights vs Fundamental Rights (Part III vs other Parts)
💡 The insight
Several references distinguish rights guaranteed in Part III (Fundamental Rights) from other constitutional rights and note different remedies.
High-yield for UPSC: questions often probe the classification of rights and remedies (e.g., Article 32). Mastering this helps answer whether a right is 'Fundamental' or only a 'constitutional' right and explains available enforcement mechanisms. Connects to topics on Part III, Article 32, and justiciability.
📚 Reading List :
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
🔗 Anchor: "Is the right to vote and to be elected in India a Fundamental Right under the In..."
👉 Universal adult franchise and Article 326
💡 The insight
References state elections to Lok Sabha and State Assemblies are on the basis of adult suffrage and reference Article 326.
High-yield: knowing that universal adult franchise is provided by the Constitution (Article 326) clarifies the source and classification of voting rights. This links to electoral law, constitutional provisions on representation, and comparative questions on franchise in other democracies.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
🔗 Anchor: "Is the right to vote and to be elected in India a Fundamental Right under the In..."
👉 Right to contest elections as a constitutional guarantee
💡 The insight
Evidence notes the Constitution guarantees who can contest elections and that 'right to contest' accompanies the right to vote as a constitutional provision.
Useful for UPSC: distinguishes voting rights from eligibility-to-contest rules, and aids answers on electoral qualifications, equality principles, and related constitutional limits. Helps handle questions on candidacy, disqualification, and representational rights.
📚 Reading List :
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 67
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
🔗 Anchor: "Is the right to vote and to be elected in India a Fundamental Right under the In..."
👉 Classification of rights: Fundamental vs Constitutional (non‑fundamental) rights
💡 The insight
Several references distinguish Fundamental Rights (Part III) from other rights described as constitutional or legal rights, which is central to whether electoral rights are 'natural' or constitutional.
High yield for UPSC as questions often probe the nature and source of rights (Part III v/s other parts). Mastering this helps answer comparisons (fundamental v/s statutory/constitutional rights), constitutional interpretation questions, and cases on enforceability and remedies. Link this with Part III, rights outside Part III and judicial review.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > RIGHTS OUTSIDE PART III > p. 106
- Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 92
🔗 Anchor: "Is the right to vote and to be elected in India a Natural Right according to Ind..."
👉 Universal adult franchise as a constitutional guarantee
💡 The insight
References state that the Constitution guarantees universal adult franchise and makes every adult citizen eligible to vote.
Core concept for polity papers and GS mains—explains the source and extent of electoral rights, constitutional design, and egalitarian principles. Helps answer questions on electoral reforms, franchise principles, and comparative franchise histories.
📚 Reading List :
- Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 5: Universal Franchise and India’s Electoral System > Universal Adult Franchise > p. 118
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 66
🔗 Anchor: "Is the right to vote and to be elected in India a Natural Right according to Ind..."
👉 Right to contest elections (electoral rights) as a constitutional right
💡 The insight
Sources assert that the right to stand for election and the right to vote are rights conferred/recognised by the Constitution rather than labelled as natural rights.
Useful for answering direct questions on electoral rights' legal status, for essay/ethics and prelims. Connects to topics on representation, eligibility, and distinctions between constitutional rights and fundamental rights.
📚 Reading List :
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Universal franchise and right to contest > p. 67
- Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 5: DEMOCRATIC RIGHTS > 5.4 EXPANDING SCOPE OF RIGHTS > p. 87
🔗 Anchor: "Is the right to vote and to be elected in India a Natural Right according to Ind..."
👉 Universal adult franchise
💡 The insight
The references repeatedly state that the Constitution adopts and guarantees universal adult franchise (every adult citizen's right to vote).
High-yield: explains the constitutional basis for voting rights, connects to amendments (voting age change) and electoral law topics; useful for questions on franchise, constitutional guarantees, and electoral reforms.
📚 Reading List :
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > IfJ I Universal Adult Franchise > p. 32
- Exploring Society:India and Beyond ,Social Science, Class VIII . NCERT(Revised ed 2025) > Chapter 5: Universal Franchise and India’s Electoral System > Universal Adult Franchise > p. 118
🔗 Anchor: "Is the right to vote and to be elected in India a Constitutional Right under the..."
The 'Right to Trade' (Article 301) is a Constitutional Right, whereas the 'Freedom to practice any profession' (Article 19(1)(g)) is a Fundamental Right. A violation of Art 301 cannot be challenged under Art 32 (Writ jurisdiction of SC), but only under Art 226 (High Court).
Use the 'Hierarchy of Law' heuristic.
Option A (Fundamental): Is it in Part III? No. Eliminate.
Option B (Natural): Too vague/philosophical for Indian Polity. Eliminate.
Conflict: Option C (Constitutional) vs Option D (Legal).
Logic: Does an Article exist? Yes (Art 326). The Constitution is superior to ordinary Law. Therefore, C > D.
Links to GS-2 (RPA 1951 & Electoral Reforms). The distinction is crucial for 'Prisoner Voting Rights'. Since voting is a statutory/constitutional right (not Fundamental), the Supreme Court has upheld Section 62(5) of RPA 1951 which bans prisoners from voting. If it were a Fundamental Right, this ban might have been struck down.