(a) whether at present undertrial prisoners can contest elections but
cannot vote;
(b) if so, the reasons therefor;
(c) whether the Government has any proposal to allow voting right
to undertrial prisoners;
(d) if so, the details thereof; and
(e) the time by which a final decision is likely to be taken by the
Government in this regard?
MINISTER OF LAW AND JUSTICE (DR. M. VEERAPPA MOILY)
(a) and (b): Sub-section (5) of section 62 of the Representation of the People Act,
1951 provides 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. However, the said subsection will not apply to a person
subjected to preventive detention under any law for the time being in force. But there
is no similar provision for candidates contesting an election.
(c) and (d):At present there is no such proposal under consideration of the Government.
(e): Does not arise.