UPPSC PCS - 2015
The Right to Vote in India is a
Year Asked: 2015
Correct Answer
D. Legal Right
Detailed Explanation
The correct answer is D, Legal Right. Voting is not a fundamental right. Article 326 provides for adult suffrage, but the actual rules on who can vote, how electoral rolls are prepared and how disputes are handled sit in statutes, mainly the Representation of the People Acts of 1950 and 1951. The Supreme Court in Kuldip Nayar v Union of India (2006) and PUCL (2003) described it as a statutory right, not a fundamental right.
- A (Fundamental Right): Wrong. Part III does not list the right to vote. Fundamental rights are enforceable under Articles 32 and 226, and voting is not among them.
- B (Constitutional Right): Debatable. Article 326 gives it a constitutional basis, and later judgments such as Anoop Baranwal (2023) have used that language. The exam key still treats the statutory character as the defining feature, so this option is the trap.
- C (Natural Right): Wrong. Natural rights are pre-state rights, and voting is entirely a creation of the electoral law.
- E: Wrong, since D is correct.
The core concept is the difference between fundamental, constitutional, statutory and natural rights. For Mains, it links to electoral reform and the debate on whether the State can curtail or regulate voting rights.
Trap: Choosing B because Article 326 is a constitutional provision, without noticing that the question asks for the category the right actually falls under in the classical framing.
This question appeared in UPPCS 2015 GS Paper 1.
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