New Delhi, October 10: The Supreme Court of India has issued notices to the Centre and the Election Commission of India (ECI) seeking their response on a Public Interest Litigation (PIL) that challenges the disenfranchisement of undertrial prisoners. The PIL, filed by Sunita Sharma of Patiala and represented by senior advocate Prashant Bhushan, argues that nearly 4.5 lakh undertrial prisoners across India are unjustly denied the right to vote.
A bench comprising Chief Justice B. R. Gavai and Justice K. Vinod Chandran heard the plea, which contests Section 62(5) of the Representation of the People Act, 1951. The provision currently imposes a blanket ban on voting by individuals confined in prison, regardless of whether they are convicted or awaiting trial. The only exception applies to those under preventive detention.
The petitioner contends that this blanket disqualification violates constitutional guarantees, including the presumption of innocence and the right to equality. The plea urges the Court to direct the ECI to establish mechanisms—such as polling stations in jails or postal ballots—to enable undertrials to exercise their democratic rights.
The Supreme Court’s notice marks a significant step toward re-examining voting rights in the context of incarceration and democratic participation. The Centre and ECI are expected to submit their responses in the coming weeks.
