NCERT Class 9 Political Science — Chapter 4: Democratic rights

mcqmedium

Which of the following is a Constitutional Right but not a Fundamental Right in India?

Official previous-year question

Verified 1 Aug 2026.

Options

ARight to Move the Supreme Court for enforcement of rights
BRight to Freedom of Speech and Expression
CRight to Vote
DRight to Elementary Education

Did you get this right?

Solution

The correct option is

Right to Vote

Explanation

The Constitution of India classifies rights into different categories based on their location within the text. Fundamental Rights are specifically enshrined in Part III (Articles 12–35). Rights found in other parts of the Constitution are termed Constitutional Rights. While all Fundamental Rights are Constitutional Rights, not all Constitutional Rights are Fundamental Rights.

Option Analysis

Right to Vote: Right to Vote - Correct. The Right to Vote is derived from Article 326 in Part XV of the Constitution, which mandates elections on the basis of adult suffrage. Since it is located outside Part III, it is a Constitutional Right (and a statutory right under the Representation of the People Act, 1951) but not a Fundamental Right.
Right to Freedom of Speech and Expression: Right to Freedom of Speech and Expression - Incorrect. This is explicitly guaranteed under Article 19(1)Right to Vote, which falls within Part III. Therefore, it is a Fundamental Right.
Right to Elementary Education: Right to Elementary Education - Incorrect. This right was inserted by the 86th Constitutional Amendment Act, 2002, as Article 21A within Part III. It is a Fundamental Right.
Right to Move the Supreme Court for enforcement of rights: Right to Move the Supreme Court for enforcement of rights - Incorrect. The right to constitutional remedies is guaranteed under Article 32. This article itself is a Fundamental Right included in Part III.

Key Takeaway

Fundamental Rights are protected under Part III (Articles 12–35) and enjoy special judicial protection under Article 32. Constitutional Rights (e.g., Right to Vote under Art. 326, Right to Property under Art. 300A) exist outside Part III and do not directly invoke Article 32 for enforcement.

Your note

More from Chapter 4: Democratic rights

The International Covenant on Economic, Social and Cultural Rights recognizes which of the following? 1. It recognizes the right to work. 2. It explicitly excludes the right to social security and insurance. 3. It recognizes the right to an adequate standard of living. Select the correct answer using the code given below:

medium

Consider the following statements regarding the "Right to Education" in India: 1. It is a Fundamental Right. 2. It guarantees free and compulsory education to all children up to the age of 18. 3. It places the responsibility solely on parents, not the government. Which of the statements given above is/are correct?

medium

Consider the following statements about the "National Human Rights Commission" (NHRC): 1. It is appointed by the President. 2. It consists exclusively of serving police officers. 3. It cannot present findings to the government or intervene in court. Which of the statements given above is/are correct?

medium

Under the Right to Constitutional Remedies, a citizen whose Fundamental Rights have been violated has the right to:

easy

Which one of the following pairs of Fundamental Rights and their provisions is NOT correctly matched?

medium

Keep practising Chapter 4: Democratic rights

Work through every question from this NCERT chapter.

Browse all NCERT Class 9 Political Science chapters

The correct option is

Right to Vote

Explanation

Option Analysis

Right to Vote: Right to Vote - Correct. The Right to Vote is derived from Article 326 in Part XV of the Constitution, which mandates elections on the basis of adult suffrage. Since it is located outside Part III, it is a Constitutional Right (and a statutory right under the Representation of the People Act, 1951) but not a Fundamental Right.
Right to Freedom of Speech and Expression: Right to Freedom of Speech and Expression - Incorrect. This is explicitly guaranteed under Article 19(1)Right to Vote, which falls within Part III. Therefore, it is a Fundamental Right.
Right to Elementary Education: Right to Elementary Education - Incorrect. This right was inserted by the 86th Constitutional Amendment Act, 2002, as Article 21A within Part III. It is a Fundamental Right.
Right to Move the Supreme Court for enforcement of rights: Right to Move the Supreme Court for enforcement of rights - Incorrect. The right to constitutional remedies is guaranteed under Article 32. This article itself is a Fundamental Right included in Part III.