Voting rights of Overseas Electors and Migrants

India has a huge population of citizens known as non-resident Indian (NRIs) living abroad temporarily or permanently on account of education, employment and other related reasons. It has been estimated that there are 25 million NRIs across the world.

Earlier, these citizens were not able to participate in election process i.e. registration and voting due to the then prevailing law which required that only a citizen ordinarily resident within the territorial limits of a constituency in the country is eligible to be registered as voter in that constituency. Consequently, NRIs were not able to enroll themselves as voters in their home constituencies and were not able to exercise their franchise.

Amendment of RoPA

The Representation of the People (Amendment) Act, 2010 inserted a new Section 20A to make special provisions for citizens of India residing outside India to get enrolled as an elector in the electoral roll.

The provisions of the Registration of Electors Rules, 1960 were also amended and the new rules are called as Registration of Electors (Amendment) Rules, 2011 accordingly and a new Form 6A was inserted for making application for such enrolment by NRIs.

The amendment empowered every citizen of India who has not acquired citizenship of any other country and is otherwise eligible to be registered as a voter and who is absenting from his place of ordinary residence in India owing to his employment, education or otherwise is eligible to be registered as a voter in the constituency in which his place of residence in India as mentioned in his passport is located.

Current procedure for enrolment for overseas electors

Non Resident Indian (NRI) has to file an application in prescribed Form 6A before the Electoral Registration Officer/Assistant Electoral Registration Officer of the Assembly constituency within which the place of ordinary residence of the applicant in India as given in his/her passport falls. Form 6A can be filed online on website of Chief Electoral Officer of the concerned State or website of Election Commission of India. While filing Form 6A on line

Existing Provisions for voting by overseas electors

An overseas elector registered in the electoral roll can vote in an election in the Constituency, in person, at the polling station in which he is registered as an overseas elector

Problems with the existing system

It is evident that the number of NRIs registered as voters is abysmally low and out of these registered NRIs, the number of voters who actually voted or turn up for voting in the elections may be even poorer. Various reasons have been ascribed to the above state of affairs. The main reason for low turnout for voting could be the provision of law requiring in person presence at polling station.

NRIs have been demanding that NRI should be allowed to vote by alternative methods. Some NRIs have also approached courts.

Vinod Zutsi Panel

In order to explore the alternative options for voting, a committee was set up under Vinod Zutshi. The committee has suggested the following options:

• The Committee favoursd postal ballot, where blank postal ballot paper is transferred electronically to NRI and returned by post by NRI. This is to be employed after proofing, validation of the process and pilot implementation in one or two Constituencies. According to the committee, the e-postal ballot system has almost no risk of manipulation, rigging or violation of secrecy.
• The committee recommends that the option of voting through proxy appointed by the overseas electors can be considered to be provided to the overseas electors.
• It had ruled out the possibility of allowing NRIs to vote through the Internet or at diplomatic missions abroad for the time being.

Need for amendments

In order to enable NRI voters to cast their vote by proposed alternative options of E-postal ballot or proxy voting, necessary amendments may have to be carried out in Section 60 of the Representation of the People Act, 1951.

Government’s stand on the recommendations:

The government told the Supreme Court that the Election Commission’s recommendation to extend voting rights to NRIs have been accepted in letter and spirit. Recently, the issue of voting rights to NRIs has been referred to an 11-member panel of ministers. The panel is mandated to examine its feasibility and also to examine the issue of extending similar voting rights to migrant workers, a move which is vehemently opposed by the Election Commission. Both migrant workers and NRIs are denied voting because the Representation of the People Act mandates that “a citizen, to avail voting rights, should be an ordinary resident in his constituency”. The EC has, however, rejected another plea to allow inter-state migrants to also have options of postal, proxy or e-ballot to enable them vote for their native constituencies.

Implications:

25 million NRIs could participate in the electoral process and will get a chance to redefine the political landscape of the country. It is also estimated that average of 18,000 votes per constituency may get polled from abroad. These additional votes, if polled, may play a crucial role in state and general elections.