GS PrelimsPolityElection System2017

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: Option C

Explanation

1. The Right to vote in elections to the Lok Sabha and State Legislative Assemblies is provided for under Article 326 of the Constitution, which establishes universal adult suffrage. Any citizen above 18 years, unless disqualified under the Constitution or any law, is entitled to be registered as a voter. 2. The Right to be elected is also rooted in the Constitution which lays down qualifications for membership of Parliament (Article 84) and State Legislatures (Article 173), though detailed provisions are made under the Representation of the People Act, 1951. 3. These rights are not listed under Part III of the Constitution, hence they are not Fundamental Rights (Option A is incorrect). 4. They are not Natural Rights, which are philosophical concepts (Option B is incorrect). 5. While the exercise of these rights is governed by statutes (like the Representation of the People Acts), making them Legal Rights (Option D), their ultimate source and guarantee stem from the constitutional provisions, particularly Article 326 for the right to vote. Therefore, they are most appropriately classified as Constitutional Rights. 6. The Supreme Court has sometimes referred to them as legal or statutory rights due to the regulations imposed by law, but the foundational basis lies within the Constitution.

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