GS -II-Governance, Constitution, Polity, Social Justice and International relations
Prisoners Voting Right☝☝
Extra information
Observations made by the Court:
The right to cast vote is neither a fundamental right nor a common law right and is only provided by a statute. The right to vote provided under the statute
Representation of the People Act was subject to restrictions imposed by the law, which does not allow prisoners to cast vote from jails.
Who can vote and who cannot?
Under Section 62(5) of the Representation of the People Act, 1951, individuals in lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are also excluded from participating in elections even if their names are on electoral rolls.
Only those under preventive detention can cast their vote through postal ballots