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In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?
- a)File a non-judicial petition with the Election Commission of India.
- b)Move the Supreme Court directly citing violation of Fundamental Rights.
- c)File a case against the Chief Electoral Officer of the State.
- d)Move the High court for infringement of a Constitutional Right.
Correct answer is option 'D'. Can you explain this answer?
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In an election where you are an eligible voter but if your "Right to ...
- Right to Vote is not a Fundamental Right. So, the Supreme Court cannot directly be approached for issuing a writ petition.
- High court enforces legal rights, and should be approached in case of its infringement. Whereas Election Commission of India only conducts elections and maintains the database of voters, it does not have the authority to enforce the Right to Vote. Same is true for the Chief Electoral Officer.
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In an election where you are an eligible voter but if your "Right to ...
Remedy for Infringement of Right to Vote
In the scenario where an eligible voter's "Right to Vote" is infringed upon, the appropriate remedy would be to move the High Court for infringement of a Constitutional Right. Let's examine this option in detail:
1. Background
- The "Right to Vote" is a fundamental right guaranteed to every citizen of India under Article 326 of the Constitution.
- The Constitution empowers individuals to move the High Court directly for the enforcement of their fundamental rights under Article 226.
2. Role of the High Court
- The High Court is the highest judicial authority within a state and has the power of judicial review.
- It acts as a guardian of the Constitution and ensures that the fundamental rights of citizens are protected.
- The High Court has the authority to issue writs, including writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto, which can be used to enforce fundamental rights.
3. Filing a Case in the High Court
- If an eligible voter's "Right to Vote" is infringed upon, they can directly approach the High Court by filing a writ petition under Article 226.
- The writ petition should state the facts of the case, the infringement of the right to vote, and the relief sought from the court.
- The petitioner should provide supporting evidence to substantiate their claim of infringement.
4. High Court Proceedings
- Once the writ petition is filed, the High Court will examine the facts and evidence presented.
- The court may issue a notice to the concerned authorities, such as the Chief Electoral Officer of the State, to respond to the allegations.
- The High Court will hear both parties and consider their arguments before delivering a judgment.
- If the court finds that the "Right to Vote" has been infringed upon, it can pass appropriate orders to rectify the situation, such as directing the Election Commission to take necessary action.
5. Appeal and Review
- The High Court's decision can be appealed to the Supreme Court, if necessary, under Article 136 or Article 32 of the Constitution.
- The Supreme Court has the power to review the High Court's decision and provide further remedies if required.
In conclusion, if an eligible voter's "Right to Vote" is infringed upon, the appropriate remedy is to move the High Court for infringement of a Constitutional Right. The High Court, being the highest judicial authority within a state, has the power to enforce fundamental rights and provide suitable relief to the affected individual.
In the scenario where an eligible voter's "Right to Vote" is infringed upon, the appropriate remedy would be to move the High Court for infringement of a Constitutional Right. Let's examine this option in detail:
1. Background
- The "Right to Vote" is a fundamental right guaranteed to every citizen of India under Article 326 of the Constitution.
- The Constitution empowers individuals to move the High Court directly for the enforcement of their fundamental rights under Article 226.
2. Role of the High Court
- The High Court is the highest judicial authority within a state and has the power of judicial review.
- It acts as a guardian of the Constitution and ensures that the fundamental rights of citizens are protected.
- The High Court has the authority to issue writs, including writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto, which can be used to enforce fundamental rights.
3. Filing a Case in the High Court
- If an eligible voter's "Right to Vote" is infringed upon, they can directly approach the High Court by filing a writ petition under Article 226.
- The writ petition should state the facts of the case, the infringement of the right to vote, and the relief sought from the court.
- The petitioner should provide supporting evidence to substantiate their claim of infringement.
4. High Court Proceedings
- Once the writ petition is filed, the High Court will examine the facts and evidence presented.
- The court may issue a notice to the concerned authorities, such as the Chief Electoral Officer of the State, to respond to the allegations.
- The High Court will hear both parties and consider their arguments before delivering a judgment.
- If the court finds that the "Right to Vote" has been infringed upon, it can pass appropriate orders to rectify the situation, such as directing the Election Commission to take necessary action.
5. Appeal and Review
- The High Court's decision can be appealed to the Supreme Court, if necessary, under Article 136 or Article 32 of the Constitution.
- The Supreme Court has the power to review the High Court's decision and provide further remedies if required.
In conclusion, if an eligible voter's "Right to Vote" is infringed upon, the appropriate remedy is to move the High Court for infringement of a Constitutional Right. The High Court, being the highest judicial authority within a state, has the power to enforce fundamental rights and provide suitable relief to the affected individual.
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In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer?
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In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer?.
In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer?.
Solutions for In an election where you are an eligible voter but if your "Right to Vote" is infringed, then what remedy do you have?a) File a non-judicial petition with the Election Commission of India.b) Move the Supreme Court directly citing violation of Fundamental Rights.c) File a case against the Chief Electoral Officer of the State.d) Move the High court for infringement of a Constitutional Right.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
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