Question 50 from UPSC CSE 2017 - Polity and
Governance

Question

Right to vote and to be elected in India is a

IASCODEX · Accepted Answer

Correct Option: D. Legal Right

Strategy: First, eliminate the clearly incorrect options. The 'Right to vote' is not listed in Part III of the Constitution, so it is not a **Fundamental Right**. It is a right granted by the state, not an inherent human right, so it's not a **Natural Right**. The confusion lies between a Constitutional and a Legal Right. While the principle of universal adult suffrage is mentioned in the Constitution (**Article 326**), the actual right to vote, including its conditions and disqualifications, is defined by a statute--the **Representation of the People Act**. Therefore, it is most precisely classified as a **Legal Right**.

Key Info: ## Right to Vote and to be Elected in India
The right to vote and to be elected in India is considered a **Legal Right**, also referred to as a **Statutory Right**. While its foundation lies in the Constitution, the right itself is conferred and regulated by specific laws enacted by the Parliament. The Supreme Court of India, in several landmark judgments, has consistently held this position.

### Constitutional Basis
**Article 326** of the Indian Constitution provides for universal adult suffrage. It states that elections to the House of the People (Lok Sabha) and the Legislative Assemblies of States shall be on the basis of adult suffrage. It defines an adult as a citizen of India who is not less than eighteen years of age. However, Article 326 itself does not confer the right to vote; it only establishes the principle.

### Statutory Framework
The actual right to vote is governed by the **Representation of the People Act, 1950 (RPA, 1950)** and the **Representation of the People Act, 1951 (RPA, 1951)**.
- **RPA, 1950**: Lays down the procedures for the preparation and revision of electoral rolls and the qualifications for being registered as a voter.
- **RPA, 1951**: Provides for the conduct of elections, qualifications and disqualifications for membership of Parliament and State Legislatures, and remedies for election disputes.

### Supreme Court's Interpretation
The Supreme Court has clarified the nature of this right in various cases:
- In **Jyoti Basu vs. Debi Ghosal (1982)**, the court observed that the right to elect is "neither a fundamental right nor a common law right. It is a pure and simple statutory right."
- In **People's Union for Civil Liberties (PUCL) vs. Union of India (2003)**, the court reiterated that the right to vote is a statutory right, and the law can specify conditions and disqualifications for exercising it.

## Classification of Rights in India
Understanding the hierarchy and nature of different rights is crucial for Indian Polity.

### Fundamental Rights
Enshrined in Part III (Articles 12-35) of the Constitution. They are justiciable and enforceable against the State. Citizens can directly approach the Supreme Court (Article 32) or High Courts (Article 226) for their enforcement.

### Constitutional Rights
Rights that are provided by the Constitution but fall outside of Part III. For example, the right to property (Article 300A) and the right to freedom of trade, commerce, and intercourse (Article 301). These are also justiciable, but the enforcement mechanism differs from that of Fundamental Rights.

### Legal/Statutory Rights
Rights conferred by an ordinary law (statute) passed by the Parliament or a State Legislature. The right to vote is a prime example. These rights are protected and enforced by the ordinary law of the land, not directly by constitutional remedies under Article 32.

### Natural Rights
These are considered inherent to human beings and are not granted by any state or law. Concepts like the right to life and liberty are often considered natural rights, which have been given the status of Fundamental Rights in the Indian Constitution.

IASCODEX · Answer

Option A: Fundamental Right

IASCODEX · Answer

Option B: Natural Right

IASCODEX · Answer

Option C: Constitutional Right