Legal Awareness

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
Why Prisoners dont have right to vote?

Follow Query

Report Abuse

adv. rajeev ( rajoo ) (Expert) 24 October 2010
Good question.

R.Ramachandran (Expert) 24 October 2010
Prisoners do have the right to vote. But they are unable to exercise it since they are in prison, and it is not humanly possible to accompany every prisoner along with security (i.e. accompanying police personnel) to his place where he has to cast his vote.

s.subramanian (Expert) 24 October 2010
It is a temporary suspension of their right in view of the punishment they are awarded.

Sarvesh Kumar Sharma Advocate (Expert) 24 October 2010
sufficient answer
by-
Expert : R.Ramachandran

Posted On
24 October 2010 that-
Prisoners do have the right to vote. But they are unable to exercise.

Parthasarathi Loganathan (Expert) 24 October 2010
But can the prisoners exercise their franchise through postal ballots?

Kirti Kar Tripathi (Expert) 24 October 2010
this question requires to answered by the courts. at present no advise in regard is possible.

R.Ramachandran (Expert) 24 October 2010
This is with reference to the point raised by Mr. Parthasarathi in regard to postal ballot.
According to the Conduct of Election Rules, 1961, service personnel, people under preventive detention, migrants from Jammu and Kashmir, and Bru and Reang tribal migrants from Mizoram and Tripura are allowed to vote through postal ballot.

Staff deputed on election duty outside the place of their residence are also eligible for casting their vote through postal ballot.

Special voters include the offices of the President, the vice-president, governors of states and Union or state ministers.

Service voters include the armed forces, security forces under the Army Act, policemen serving outside their state and diplomatic staff.

Convicted prisoners are currently not eligible to vote through postal ballot.

Querist : Anonymous (Querist) 24 October 2010
Why is it so that prisoners cannot cast vote but they can stand in election?

Parthasarathi Loganathan (Expert) 25 October 2010
Age-old election Rules should be amended to enable prisoners to cast their votes as they do not loose their rights of citizenship just because they happen to be prisoners.