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'Right to Vote' in India is a

  • A.Fundamental Right
  • B.Natural Right
  • C.Constitutional Right
  • D.Legal Right

Answer: D

The keyed answer is Legal Right.

Article 326 of the Constitution provides for elections on the basis of adult suffrage, but the right to vote itself is conferred and regulated by the Representation of the People Act, 1951. The Supreme Court held in Jyoti Basu v. Debi Ghosal (1982) that the right to elect is neither a fundamental right nor a common law right but purely a statutory one, which is why it is classed as a legal right.

It is not among the Fundamental Rights in Part III, and 'natural right' is a philosophical category, not its legal status. 'Constitutional right' is the tempting distractor because of Article 326, but the right itself rests on statute.

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