Question

‘Right’ to Vote’ in India is a

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

Answer (Detailed Solution Below)

Option 3: Constitutional Right

Detailed Solution

The correct answer is Constitutional Right.

Right to Vote

The Constitution of India, under Article 326, guarantees universal adult franchise, stating that every citizen aged 18 or above is entitled to vote, provided they are not disqualified under law. This mandate is operationalised through two key legislations:

Representation of the People Act, 1950 (RP Act, 1950):

  • Section 16 disqualifies non-citizens from being enrolled in electoral rolls.
  • Section 19 requires voters to be ordinarily resident and aged 18 or more on the qualifying date.

Representation of the People Act, 1951 (RP Act, 1951):

  • Section 62 allows voting for all enrolled individuals unless disqualified by law or imprisoned.
  • These laws form the statutory framework for voting, leading to the view that the right to vote is not absolute but subject to legislative qualifications.
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