Supreme Court Seeks Centre, ECI Response on Plea Challenging voting bar on undertrials : GS TIMES IAS-PCS

The Supreme Court issued notices to the Union government and the Election Commission of India (ECI) seeking their responses.

Petitioner: The plea was filed by an advocate urging a review of the blanket disqualification of prisoners, including undertrials and pre-trial detainees, from voting.

Petition Details

The petition challenges the validity of Section 62(5) of the Representation of the People Act, 1951, which bars all persons confined in prison from voting.
The petitioner argued that the restriction affects nearly 4.5 lakh prisoners across India, with the majority being undertrials who have not been convicted.
It urged the court to devise a more nuanced and individualised framework that distinguishes between convicts, undertrials, and detainees.

Under the Representation of the People Act, 1950, the right to vote depends on inclusion in the electoral roll.
Section 16(1)(c) provides disqualification only for those convicted of corrupt practices or electoral offences, besides non-residence or unsoundness of mind.
The petitioner questioned the logic of denying undertrials the right to vote while allowing even convicted individuals to contest elections.
The plea contends that the current blanket ban lacks constitutional justification for disenfranchisement before conviction.

The 1997 ruling in Anukul Chandra Pradhan v. Union of India upheld the constitutional validity of Section 62(5), stating that the right to vote is statutory, not fundamental, and may be limited by the legislature.
The present petition, however, calls for revisiting that precedent in light of evolving constitutional principles and expanding recognition of undertrial rights.

The Supreme Court has not stayed the provision but has sought detailed responses from the Centre and the Election Commission of India.
The matter will be taken up for hearing after the government and ECI file their replies.

(Source: TH)