Topic: Salient features of the Representation of People’s Act.
3. We need to re-examine the aims being pursued by disenfranchising undertrials as denying undertrial prisoners their right to vote undermines the very law and policy that is meant to give them a fair trial. Comment. (250 words)
Difficulty level: Tough
Reference: Live Law
Why the question:
In a recent case, Praveen Kumar Chaudhary v. Election Commission of India, the Delhi High Court reaffirmed that prisoners do not have a right to vote.
Key Demand of the question:
To write about the implications of denying under-trial prisoners the right to vote.
Directive word:
Comment– here we must express our knowledge and understanding of the issue and form an overall opinion thereupon.
Structure of the answer:
Introduction:
Begin by mentioning disqualifications to be voter under article 326 and section 62(5) of the Representation of People Act, 1951.
Body:
First, write about the implications of denying vote to undertrial prisoners – undertrial prisoners remain in jail because of their inability to pay the requisite bail bond, access legal aid, negates their civic capacity and revokes their social status etc.
Next, talk about the aspect such as resource crunch, administrative inconvenience and logistical problems in making facilities for undertrials to vote.
Conclusion:
Comment on the way forward that is need to adopted in this regard.
