Voting Rights for Non-Resident Indians (NRI’s)

WHY IN THE NEWS?

The Government has been exploring the possibility of allowing Non-Resident Indians to participate in the election process to widen the democratic base.

NEED FOR EXTENDING VOTING RIGHTS

• Constitutional Right: As per Article 326 and Sixty-First Amendment Act 1988, elections to the House of the People and Legislative Assembly of every state shall be on the basis of adult suffrage.
• Representative democracy: India is one of the largest democracies in the world and needs to uphold its representative democratic position globally.
• Inclusive elective process: Free and fair election by the people, for the people, and of the people.

CURRENT STATUS

• Presently, around 3.2 Cr NRI’s migrated to different foreign countries in search of employment opportunities.
• Around 42Cr internal migrants within our country itself.
• Prior to 2010, NRIs were not able to participate in the voting process in India since NRIs’ names were deleted from electoral rolls if she/he stays outside India for a period of continuous 6 months.
• In 2010, as per Representation of the People (Amendment) Act, 2010- NRI’s who had stayed abroad beyond six months have been able to vote, but only in person at the polling station where they have been enrolled as an overseas elector.An NRI can vote in the constituency in which his/her place of residence, as per the address mentioned in the passport, is located.
• The amendment is made to improve representation and to prevent electoral malpractices.
• However, the changed situation doesn’t bring much improvement in voter turnout ratio.
• In 2017, the government introduced a bill that provided the NRIs to appoint a proxy to cast their votes on their behalf, subject to conditions laid down in the Conduct of Election Rules, 1961.
• The Bill was passed in Lok Sabha in 2018 but lapsed with the dissolution of the 16th Lok Sabha.
• In 2020, the Election commission of India approached the Law Ministry to amend the Conduct of Election Rules 1961 to allow NRIs to cast votes through Postal ballots.
• Currently, the proposed Electronically Transmitted Postal Ballot System or ETPBS is used by service voters such as members of the Armed Forces of the Union, or a member of a force to which provisions of the Army Act, 1950 are applicable.

WHAT ARE THE MEASURES?

1. e-voting  

• Internet
• ETPBS

2. Proxy Voting

INTERNET

• Most efficient way to get NRI’s participation in elections is through the internet. However, tampering and privacy issues are the causes of concern.

PROXY VOTING

• Proxy voting is a form of voting whereby a person by sending a letter to the Electoral Returning Officer to delegate his voting power to any adult in his own constituency.
• The issue with proxy voting is the misuse of trust and buying votes from registered voters in foreign countries.

PROVISION FOR INTERNAL MIGRANTS

• There is a provision for domestic migrants who are residing in a place for 6 months can register themselves as voters in that residing constituency and can cast their vote.
• However, the lack of awareness among the poor migrants and procedural delays fade the utility of the provision.

ELECTRONICALLY TRANSMITTED POSTAL BALLOT SYSTEM (ETPBS)

• In 2016, the Conduct of Election Rules, 1961 was amended to allow service voters to use ETPBS.

• Under this system, postal ballots are sent to registered service voters electronically. The service voter has to download the ETPB register their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail.
• The post will include an attested declaration form which is to be signed by the voter in the presence of a senior officer who will attest it.

ISSUES WITH ETPBS

• Practical difficulties: Need to involve Embassy in different foreign countries.
• Lack of enforceability: The enforceability of the Model Code of Conduct is difficult.
• Logistics issue: High logistics cost reduces the viability of the project.
• Synergy: Coordination between the Ministry of External Affairs, Ministry of Law, and the Election commission is cumbersome.
• Compulsive voting: There are chances that distant voters may tend to cast votes under threat.

CONCLUSION

The need of the hour is the best utilization of existing resources and technological utilities to incorporate India’s Diaspora in the Voting process. Proper authentication at the embassy and an effective postal system with improved logistics will enable overseas citizens to exercise their Right to Vote. It will keep India’s democracyrepresentative in both letter and spirit.

QUESTION

Do you think that the Indian Democracy is inclusive? List out the various measures to improve the voting participation in India. (250 Words, 15 Marks)