General Right to Vote
Constitution:
(1999)
• Section 326 states, "The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified…shall be entitled to be registered as a voter at any such election.

Exclusion Based on Mental Disability
Electoral Law:
(1999: Representation of the People Act, 1950)
• Section 16, subsection (1) states: "A person shall be disqualified for registration in an electoral roll if he…(b) is of unsound mind and stands so declared by a competent court…"
• Section 102 subsection (1) states: "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament…(b) if he is of unsound mind and stands so declared by a competent court..."
• Section 191 subsection (1) states: "A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a States…(b) if he is of unsound mind and stands so declared by a competent court…"

Voter Assistance by Other Citizens
Electoral Law:
(1999: Conduct of Elections Rules, 1961)
• Section 40 concerns "recording of votes for blind or infirm electors" who appear in person. Subsection (1) states: "If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognize the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box: Providing that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him…"
• Rule 49N concerns "recording of votes for blind or infirm electors" who appear in person to vote at a voting machine. Subsection (1) states: "If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognize the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereupon without assistance, the presiding officer shall permit the elector to take with him a companion…[repeats section 40]
• Rule 49P concerns voters who claim to be a particular elector after another has already voted in that name. Subsection (4) states: "If owing blindness or physical infirmities, such elector is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in Rule 49 for recording the vote in accordance with his wishes."
Poll Worker Manuals:
• Reiterates rules as described above and below for indelible ink and disabled voters

Off-Site Voting Alternatives
Electoral Law:
(1999: Conduct of Elections Rules, 1961)
• Part III concerns the Postal Ballot, which does not appear to be automatically granted to disabled, although it is applied to voters in "preventative detention."
• Section 21 further concerns "Electors under preventative detention," although it is unclear exactly who would fall under such detention.
• Section 25 concerns "assistance to illiterate or infirm voters" who receive postal ballots:
o Subsection (1) states "If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration, he shall take the ballot paper, together with declaration and the covers required by him to an officer competent to attest his signature…and request the officer to record his vote and sign his declaration on his behalf."
o Subsection (2) continues "Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form 13A."