Facts for Prelims (FFP)
Source: IE
Context: Accused persons in prison can contest polls but are barred from voting. The legal status distinguishes between the right to vote and the right to be elected.
Why can accused persons in prison contest polls but not vote?
Accused persons in prison can contest polls due to the legal distinction between the right to vote and the right to be elected. While they can seek election until convicted, they are barred from voting, as per the Representation of People Act, unless released on bail or acquitted.
The difference between the Right to Vote and the Right to be Elected
| Right to Vote | Right to Be Elected |
| Statutory right, not fundamental | Statutory right, not fundamental |
| Can be regulated by Parliament | Can be regulated by Parliament |
| Citizens exercise the right to choose. However, Those confined in prison cannot vote (Section 62(5) of the RPA, 1951), under sentence of imprisonment, transportation, or in lawful police custody. | Citizens exercise the right to stand for election. However, Convicted individuals sentenced to 2 years imprisonment cannot contest elections (Section 8(3) of the RPA, 1951) |
| Preventive detainees have the right to vote (Section 62(5) of the RPA, 1951 and Rule 18 of Conduct of Elections Rules 1961) | Even if on bail, convicted persons cannot contest. |
| Allows citizens to participate in elections | Allows citizens to be candidates in elections |
| Subject to statutory limitations | Subject to statutory limitations |
| Can be revoked or restricted by law | Can be revoked or restricted by law |
| Ensures representation in governance | Enables individuals to represent constituents |
