UPSC Prelims 2017 – Question 86

Q86. Right to vote and to be elected in India is a

a) Fundamental Right
b) Natural Right
c) Constitutional Right
d) Legal Right

The correct answer is Option 3. 

• Constitutional rights  

• ‘The right to vote’ is a constitutional right in India. Hence, Option 3 is correct. 
• Constitutional rights are those rights enshrined in the Indian Constitution and conferred on Indian citizens that do not fall under the purview of Part III. 
• The Indian Constitution guarantees the right to vote in Article 326 of the Indian Constitution. To exercise this right, every citizen must be at least 18 years old.  
• In 1950, the concept of ‘Universal Suffrage’ guaranteed full voting rights to Indian citizens. 
• The 61st constitutional amendment, passed in 1988, reduced the voting age for Lok Sabha and State Legislative Assemblies elections from 21 to 18 years.  
• Constitutional rights, unlike fundamental rights, do not apply to everyone.  
• They are applicable in certain circumstances. If a law is found to be incompatible with constitutional rights, the law is declared null and void.  
• Fundamental rights are the fundamental rights guaranteed to all citizens by the Constitution, regardless of caste, creed, religion, gender, or place of birth. Some Fundamental Rights, however, include foreigners. 

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