NEW DELHI: In a landmark move, the Supreme Court (SC) of India on Monday, 12 Jan, allowed Non-Resident Indians (NRIs) to vote from abroad through a proxy or e-postal ballot system.
This means, Indians residing overseas can now participate in the electoral process at home, without needing to travel to India- which is both expensive and involves loss of time. They will soon be able to cast their vote through electronic-ballots or through their nominees residing in India but will not be able to exercise their franchise through the novel method during the upcoming Delhi assembly polls.
TOI reports that the government of India on Monday informed the apex court that it had accepted the Election Commissions (EC) recommendation to allow NRIs to vote through e-ballot system or through proxy. The EC rejected other proposals including postal ballot and internet voting – terming them fraught with the danger of manipulation.
The new development has the potential to alter electoral mathematics in India as the NRI population is 25-million strong, the second largest diaspora after the overseas Chinese. In e-voting, a blank postal ballot paper is emailed to the voter, who has to fill it and post it to their constituency. Describing the e-ballot procedure, the EC committee said the NRI wishing to vote through this procedure would have to send an application either electronically or physically to the returning officer six months before the expiry of the term of the House.
“The RO may then verify the particulars of the person and at the time of election, on satisfaction, send the postal ballot electronically after the same is finalised on the last date of withdrawal of candidature, which the NRI elector can access through a password that would be allotted to him. The elector downloads the postal ballot paper and then casts vote and posts is back to the RO after getting the declaration attested,” it said.
The SC directed the Central Government to enable NRI e-voting within eight weeks following amendments to the Representation of the People Act, 1951.
The Government told the court that it has approved e-ballot voting for Indian passport holders abroad, recommended by the EC in a report, and it would have the process in place after amending laws.
The EC says this system has almost no risk of manipulation, rigging or violation of secrecy.
E-ballot voting should be allowed at the earliest, a bench headed by Chief Justice H.L. Dattu told the Centre.
It is a victory for Nagender Chindam, chairman of the UK-based Pravasi Bharat and Shamsheer V.P., an NRI from Kerala who knocked on the SC doors a year ago.
Chindam said, Voting rights cannot be denied to those who go outside for study or job. NRIs can realise their dream of redefining the political landscape by casting their ballots from where they are instead of physically coming to India.
Last week, at the Pravasi Bharatiya Divas in Gandhinagar, Gujarat, the Government promised the Indian diaspora more rights and opportunities.
The Government had in 2010 allowed voting rights to NRIs but only if physically present in the constituency. The two challenged this as inherent inequality, after which the court asked for a report from the EC.
Senior advocate Dushyant Dave, appearing for petitioner Shamsheer V P, pushed another plea – voting rights for migrant labourers who constitute nearly 30% of the total population and facilities to enable armed forces personnel posted in remote and forward areas to cast their votes. The bench has sought the governments response on the application.
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