Which Section of the Representation of People’s Act (RPA), 1951 deprives the prisoners of their right to vote?  

Key Points

• Section 62 (5) of the Representation of People's Act, 1951, deprives prisoners of their right to vote.
• This section states 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.
• The provision applies to all individuals in prison, irrespective of the nature of the crime or the duration of the sentence.
• However, this disqualification does not apply to those under preventive detention.
• The rationale behind this provision is to maintain the sanctity and security of the electoral process.

Additional Information

• The Representation of People's Act, 1951 was enacted to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offenses at or in connection with such elections, and the decision of doubts and disputes arising out of or in connection with such elections.
• This Act is a key piece of legislation that ensures free and fair elections in India.
• It has been amended multiple times to address various electoral issues and to strengthen the electoral process.
• The Act also provides for the appointment of election tribunals for the adjudication of disputes arising out of or in connection with elections.
• Section 62 is specifically dedicated to the "Right to vote," outlining who is entitled to vote and who is disqualified from voting.