Q. Consider the following statements with reference to the right to vote in India:
1. A prisoner who is serving a sentence of imprisonment is not entitled to vote in an election.
2. Voting rights are available to NonResident Indians but not to Overseas Citizenship of India card holders.
Which of the statements given above is/are correct?
Exp) Option c is the correct answer.
Statement 1 is correct: According to Election Commission of India, prisoners do not have voting rights under the Representation of People (RP) Act 195The Supreme Court 1997 judgment held that the effect that any person who is confined in prison while serving a sentence of imprisonment on his conviction for any offence or is under lawful confinement in a prison or in a police custody for any reason is not entitled to vote in an election.
Statement 2 is correct: Till the year 2010, NRIs were not allowed to vote in the elections. However, post 2010 an amendment permitted NRIs to vote at their particular constituency in India but the voting required the direct presence of the NRI in India at the particular polling booth where the name was registered. OCI cardholders do not get voting rights, cannot hold a government job and purchase agricultural or farmland. They cannot travel to restricted areas without government permission.
