Voting rights of undertrials and convicts

• The Supreme Court is hearing a plea questioning an electoral law which denies undertrials and convicts their right to vote.
• The petition has been moved under Article 32 of the Indian Constitution.

Voting rights of Prisoners

• Section 62(5) of the RP Act of 1951 mandates that “no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police”.
• The provisions however exempt a person held under preventive detention from this rigor.

Invokes violation of FR

• The petition highlights how the Section sees both an under-trial and a convicted person equally. The former’s guilt is yet to be proved in a court.
• A person is innocent until proven guilty by law. Despite this, it denies an under-trial the right to vote but allows a detainee the same. However, a person out on bail is allowed to cast his vote.
• The plea argued that the provision violates the rights to equality, vote (Article 326) and is arbitrary. It is not a reasonable restriction.

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Article 32 of the Indian Constitution

• The right to move the SC by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed under this article.
• The SC shall have power to issue directions or orders or writs any of the FRs.
• Parliament can empower any other court to issue directions, orders and writs of all kinds (for HC, under 226).
• The right to move the Supreme Court shall not be suspended except by President during a national emergency (Article 359).
• Supreme Court has been vested with the powers for to provide a remedy for the protection of the FRs.
• Only FRs can be enforced under Article 32 and not any other like non-fundamental constitutional rights, statutory rights, customary rights etc.