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

  • Fundamental Right
  • Natural Right
  • Constitutional Right
  • Legal Right

Answer: (c) Constitutional Right

Notes:
  • The concept of rights originated from the voice of protest against oppression perpetrated by the dominant group in society.
  • Rights are meant to safeguard an individual from the irresponsible and arbitrary use of power by the state or the ruling class.
  • The Constitution of India, 1950 is one such supreme law of the land that contains various essential rights. It consists of fundamental rights, directive principles of state policy (DPSP), fundamental duties, etc.
  • In India, a citizen of 18 years has a “constitutional right” to vote.
  • National Voters’ Day is celebrated on 25th January every year since the year 2011, to mark the Election Commission’s foundation day.
  • According to the Indian Constitution, all citizens above the age of 18 in the country have the “Right to Vote”.
  • Voters also have full right not to vote. This right is called NOTA (None of the Above).
Constitutional rights
  • Constitutional rights, as the name suggests, are a set of rights specifically stipulated in the Constitution of a nation. These are the rights conferred on every citizen of the country, as we have adopted this Constitution and the rights thereunder for ourselves.
    • The Preamble of the Indian Constitution is proof of this fact and expressly states that “We, the people of India ……do hereby adopt, enact and give to ourselves this Constitution.”
  • Unlike fundamental rights, which are granted to everyone without any discrimination on the grounds of age, sex, place of birth, etc., constitutional rights are not granted to everyone.
  • For instance, the right to vote is a constitutional right guaranteed under Article 326 for Indian citizens over 18 years of age, Right to property (Article 300A), Right to approach High Court for violating fundamental rights or any other legal rights.
  • Constitutional rights can be roughly classified into four categories namely,
    • (i) civil rights;
    • (ii) political rights;
    • (iii) economic rights; and
    • (iv) social rights
  • Civil rights
    • Civil rights are those rights, powers, immunities, and privileges that are conferred on citizens of any nation by virtue of being citizens.
    • Civil rights are given to everyone regardless of their gender, class, caste, creed, race, ethnicity, religion, nationality, or any other personal character. It is being conferred to all the citizens residing within the territorial boundaries of a country for their peaceful and dignified existence.
      • In the case of Hussainara Khatoon and Ors. v. Home Secretary, State of Bihar (1979), a PIL was filed in the Apex Court on the basis of news reports of a mass of undertrials being kept in the jails of Bihar for the period extending the actual imprisonment that might be awarded. The issue of contention in this case was whether the right to speedy trials is part of Article 21.
      • A single judge bench of P. N. Bhagwati has held that “the State is under a constitutional mandate to ensure speedy trial”. Further, the Court held that the right to speedy trials is part of Article 21 as well as Article 14, which is about equal justice, and is also a compulsion of the constitutional directive embodied in Article 39A.
    • Certain examples of civil rights guaranteed under the Indian Constitution, inter alia, include:
      • Right to vote (Article 325 and Article 326)
        • Every citizen of the country who is 18 years of age or older will have the right to vote without any discrimination on the basis of religion, race, caste, or sex.
      • Right to a fair trial and speedy (Article 20 and Article 21)
        • The provisions of Article 20 grant every citizen the right to a fair trial. In other words, rights against self-incrimination, rights against ex-post facto laws, and rights against double jeopardy. To learn more about a fair trial, refer here.
      • The right to be part of government services (Article 309);
      • The right to public education (Article 21A and Article 45); and
      • The right to use public facilities (Article 21)
  • Political rights
    • The rights by which citizens of a country participate in the political agendas of the country, including that of the management of government, are known as political rights.
    • Some of the important political rights granted under the Indian Constitution include the right to criticise the government, the right to vote, the right to contest elections, the right to public offices, the right to form political parties, the reservation of seats for certain classes in Parliament and legislative assemblies, etc.
  • Economic rights
    • Economic rights are those rights guaranteed under the Constitution to ensure the economic security of every citizen.
    • Economic rights include the right to work, the right to a good working environment, the right to proper wages, the right to food, etc.
  • Social rights
    • Social rights are those rights that are important to fulfil societal demands and promote social inclusion and solidarity.
    • Social rights under the Indian Constitution include right to healthcare services, right to access to social protection, right to employment, right to free legal aid, social rights for minority social groups, etc.