Civil Services Prep

Prelims 2017 · Polity and Constitution · Question 36

Right to vote and to be elected in India is a

  1. Fundamental Right
  2. Natural Right
  3. Constitutional Right
  4. Legal Right

Answer

Legal Right

  • (a) Fundamental Right: Incorrect. The Supreme Court has held that the right to vote is not a fundamental right; it is not guaranteed under Part III of the Constitution.
  • (b) Natural Right: Incorrect. Voting/electoral rights are not natural rights; they exist only because law creates and regulates them.
  • (c) Constitutional Right: Incorrect in this context. Though elections are provided for in the Constitution, the right to vote and to be elected flows from statutes like the Representation of the People Acts, 1950 and 1951.
  • (d) Legal Right: Correct. The Supreme Court has consistently treated the right to vote and the right to contest elections as statutory/legal rights.
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