Voting Rights in India: Can prisoners also vote? Know- what are the rules in India, who can vote

Posted on 1st Nov 2022 by rohit kumar

There has been a demand to give voting rights to the prisoners lodged in the country's jails. A Public Interest Litigation (PIL) has also been filed in the Supreme Court regarding this. The Supreme Court has issued a notice to the Central Government and the Election Commission and sought answers. There has been a debate in the country on this issue as to why the one who can contest the election cannot vote. Law experts have called this law a violation of Articles 14 and 19 (1) (a) of the Constitution. The petition has challenged the validity of Section 62(5) of the Representation of the People Act. This section prohibits a person in jail from voting.

 

The number of under-trial prisoners in the country is more than four lakhs who are deprived of the right to vote. According to the NCRB, every seventh prisoner in jail is under trial, in whose case the court has not pronounced its verdict and is waiting for the verdict by staying in jail.

 

According to section 62(5) of the Representation of the People Act, 1951, a person who is imprisoned or in police custody by judicial order does not have the right to vote. Let us know who has the right to vote in India. Who does not have the right to vote? How can I enroll my name in the voter list?

 

Who can vote?

A 1-Every citizen who is 18 years old

 

2- That person will be enrolled as a voter at the place of the residence itself.

 

3- The right to vote will be in one place only

 

4-On the basis of the address given in the passport, NRIs are ordinarily considered residents and have voting rights

 

Vote registration process

To be allotted a polling station at the time of the election, citizens above the age of 18 years are required to register themselves as voters and have a voter ID card. They can also do the same by filling and submitting Form-6 to the Electoral Registration Officer of their constituency. Voters are not allowed to enroll at more than one place. In addition, voting rights are limited to the current place of work and residence. For example, if a person is a native of Gujarat but working in Mumbai, he is eligible to vote in that constituency of Mumbai only.

 

a jailed person cannot vote

The said section of the Representation of the People Act states that no person who is imprisoned can vote in any election. Such person, whether imprisoned, on transit remand, or in police custody, shall not be eligible to vote.

 

India is one of the few countries that does not allow prisoners to vote. Under Section 62(5) of the Representation of the People Act, 1951, persons in the legal custody of the police and serving a sentence of imprisonment cannot vote. Petitions have been filed against it and some activists are fighting for the right to vote for prisoners in India.

 

What are the rules for NRI?

To be registered as a voter, a person needs to be a resident of a particular constituency. This is the reason why NRIs are prohibited from participating in the voting process. If an NRI is an Indian citizen working under the Government of India and is currently posted abroad, he/she can register as a voter. However, NRIs outside India can register as a voter. The person has to fill out Form 6A.

 

convicted of corrupt practices

Apart from this, those citizens who have been deprived by law of being entitled to become a voter due to corrupt practices or any illegal act related to the election, cannot vote in the election.

 

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