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Right to Vote in Imprisonment
Context
Individuals facing criminal accusations in India can contest elections, although their ability to vote is restricted if they are imprisoned. While these statutory rights can be limited or removed by legislation, there are substantial challenges and exceptions to the system.
Key-Provisions
- In India, the right to vote and the right to be elected are statutory rights, not fundamental rights, as affirmed by the Supreme Court.
- While individuals facing criminal charges can contest elections unless convicted, they are barred from voting if imprisoned, as per Section 62 of the Representation of People Act (RP Act).
- According to Section 8 of the RP Act, a conviction results in disqualification from standing elections beginning on the day of conviction and lasting six years after release.
- Exceptions exist where the Election Commission can reduce disqualification periods or when convictions are stayed on appeal.
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