GS Paper II — Q4
Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision…
Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters? (Answer in 150 words) 10 marks
हिंदी में प्रश्न पढ़ें
क्या मताधिकार एक मौलिक अधिकार है? निर्वाचक नामावली का पुनरीक्षण करते हुए भारत के निर्वाचन आयोग की प्रस्थिति की विवेचना कीजिए। क्या यह निर्वाचकों की नागरिकता के प्रश्न का भी परीक्षण कर सकता है? (उत्तर 150 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
The right to vote is not a Part III Fundamental Right: it is a statutory right under Section 62 of the Representation of the People Act (RPA), 1951, grounded in adult suffrage under Article 326 (Jyoti Basu, 1982; Kuldip Nayar, 2006). PUCL (2003) treated casting a vote as expression under Article 19(1)(a), and the 2026 SIR verdict described it as constitutionally protected.
ECI’s Role in Electoral Roll Revision Article 324 vests superintendence, direction and control of electoral rolls in the Election Commission of India (ECI); Sections 16 and 21–23 of the RPA, 1950 govern revision. In ADR v. ECI (May 2026) the Supreme Court upheld the Bihar Special Intensive Revision (SIR) under Article 324 read with Section 21(3).
Examining Citizenship The answer is a qualified yes. Because citizenship is an eligibility condition, the ERO may make a limited, prima facie enquiry (Lal Babu Hussein v. ERO, 1995; ADR v. ECI, 2026), but must follow natural justice, and a negative finding is not conclusive: doubtful cases go to the competent authority under the Citizenship Act, 1955, or to Foreigners Tribunals (Immigration and Foreigners Act, 2025). Notice before deletion and time-bound appeals should prevent mass disenfranchisement.
How this answer will be evaluated
Framework: GS2 Polity: Constitutional Provisions & Institutional Powers
What earns full marks: Correctly distinguishes statutory voting right from fundamental right and clearly limits ECI's power to roll revision, not citizenship adjudication.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Whether voting is a fundamental right; the ECI's position in revising electoral rolls; and whether it can examine voters' citizenship. 10 marks · 150 words
discuss— intro → 3-4 dimensions → example → balanced close
Must cover
- Voting is not a Part III fundamental right: a statutory right (Section 62, RPA 1951) grounded in Article 326
- ECI superintends roll revision under Article 324 and the RPA, 1950 (Sections 16, 21–23)
- ECI can make a limited prima facie enquiry into citizenship for enrolment but cannot conclusively adjudicate it (ADR v. ECI, 2026)
- Doubtful cases go to the competent authority under the Citizenship Act / Foreigners Tribunals
Loses marks
- Claims voting is a fundamental right
- States that the ECI can conclusively decide citizenship, or that it cannot examine citizenship at all
- Recites Article 326 without analysis
Earns more
- Cites Article 326 (adult suffrage; citizenship as an eligibility condition)
- Mentions Citizenship Act 1955
- Distinguishes 'right to vote' from 'right to citizenship'
Extra mark
- Cites Jyoti Basu (1982), Kuldip Nayar (2006), PUCL (2003) or Lal Babu Hussein (1995)
- Mentions the Bihar SIR (2025) and the Supreme Court direction to accept Aadhaar as an identity document
What "Discuss" is asking you to do
Lay the issue out from more than one side — how it arose, what is claimed for it, what is held against it, and where it now stands. UPSC attaches discuss to broad topics with several live dimensions, so coverage of the dimensions earns more than the strength of your opinion.
Structure that answers it
Set the issue up → the case as it is made → the case against → the dimension both sides leave out → where the balance now lies
Where marks are lost
Listing facts with no thread between them, or arguing one side throughout and calling it a discussion.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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