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In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications. Accordingly, who amongst the following will have right to vote in India
1) NRI
2) Under-trials and convicted Indian
3) Indian citizen held under preventive detention
4) Overseas Citizen of India cardholder
Select the correct answer
1, 2 and 3 only
1, 3 and 4 only
1 and 3 only
2, 3 and 4 only
Explanation: Many democratic governments consider participating in national elections a right of citizenship. In India, the right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications. Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18. Further, Section 62 of the Representation of Peoples Act (RoPA), 1951 states that every person who is in the electoral roll of that constituency will be entitled to vote. As per the Election commission of India, citizens are eligible to become voters under the following conditions: ? Every citizen who is 18 years old on the qualifying date (January 1 of the year in case) unless disqualified, is eligible to be enrolled. ? Enrolment only at ordinary place of residence. ? Enrolment only at one place. ? Overseas Indian deemed to be ordinarily resident at the address given in passport. ? Service voters deemed to be ordinarily resident at their home address. According to section 62(5) of the Representation of the People Act, 1951, no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police. However, those being held under preventive detention can participate in elections and cast their vote via postal ballots. Election Commission also confirmed that detainees had the right to vote, but not under-trials and convicts.
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