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Right to vote and to be elected in India is a

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

Explanation

Option (c) is correct
  • The right to vote is a constitutional right under Article 326 of the IC. To exercise this right, citizens must reach the age of 18. By the Sixty-first constitutional amendment act of 1988, the voting age of elections to the LS and legislative assemblies of States has been lowered from 21 to 18 years.

The debate around Right to vote

  • The legal character of the right to vote has been debatable since the time of the inception of IC.
  • In Anoop Baranwal v. Union of India (March 2023):
    • The majority judgment held that the right to vote is constitutional.
    • In his separate opinion, Justice Ajay Rastogi said that the right to vote is a fundamental right.
Answer: (c) Constitutional Right; Difficulty Level: Medium
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