Constitutional Right
Explanation
The nature of the 'Right to Vote' in India is derived from the text of the Constitution itself. While Fundamental Rights are enshrined in Part III, certain other rights flow from other provisions of the Constitution. Article 326 of the Indian Constitution provides for universal adult suffrage, stating that elections to the House of the People and to the Legislative Assemblies of States shall be on the basis of adult suffrage.
Option Analysis
- Fundamental Right is incorrect: The Right to Vote is not listed under Part III (Articles 12–35) of the Constitution, which deals with Fundamental Rights.
- Constitutional Right is correct: The Right to Vote emanates from Article 326. Since the source of this right is a specific Article within the Constitution, it is classified as a Constitutional Right. While the Supreme Court has, in certain contexts (e.g., Kuldip Nayar v. Union of India), referred to it as a statutory right (governed by the Representation of the People Act, 1951), the UPSC official answer key (2017 Prelims) classifies it as a Constitutional Right due to its origin in Article 326.
- Natural Right is incorrect: Natural rights are inherent to human existence (e.g., right to life). The right to vote is a political right created by the legal framework of a state.
- Customary Right is incorrect: It is not based on custom or tradition but is a codified legal provision.
Key Takeaway: Rights found in the Constitution but outside Part III (e.g., Right to Vote under Art. 326, Right to Property under Art. 300A) are Constitutional Rights, distinct from Fundamental Rights.