Overview

• Chief Justice B.R. Gavai and Justice K. Vinod Chandran issued notices to the Union government and Election Commission and listed the matter for a further hearing in four weeks.
• The PIL by Sunita Sharma, argued by Prashant Bhushan, challenges the application of Section 62(5) of the RPA, 1951, which disqualifies all persons in prison from voting, including undertrials and pre-trial detainees.
• The petition proposes polling stations in roughly 1,350 jails and postal ballots for prisoners outside their constituencies, with exclusions for those convicted of corrupt or electoral offences.
• The plea says the restriction disenfranchises about 4.5 lakh prisoners, notes that roughly 75–77% of inmates are undertrials, and cites low conviction rates to stress the presumption of innocence.
• The filing argues that a 1997 ruling upholding the ban conflicts with a 2023 judgment recognizing voting as a constitutional right and points to democratic practice and ICCPR obligations, noting even Pakistan permits undertrials to vote.