The Election Commission has set up a committee to suggest amendments in order to facilitate voting rights to nearly 10 lakh NRIs. The Committee is expected to submit its report by February 23.
The move follows a decision by the Supreme Court which had accepted the report by high powered Committee comprising officials of EC and Government favouring voting rights to NRIs. Both Centre and EC agreed that NRIs could take part in the electoral process either through e-postal ballot or by proxy voting. Currently, EC provides postal ballot facility only to members of the armed forces.
Initiating the process for e-postal ballot, the Committee constituted by EC has begun framing the amendments to the Representation of People Act (RPA) 1951. At present, under Section 20A of the RP Act, NRIs had to be physically present in their constituencies to vote. The change in this process would ensure voting rights to over 10 lakh NRIs across various countries. This longstanding demand of the NRI community had received impetus following intervention by the apex court in a PIl.
Under the e-balloting system, it was proposed to send blank ballot papers electronically to the NRI voters through e-mail. Once the ballot is cast, the same could be returned either physically or postally. This would ensure secrecy of ballot in order to further free and fair polling.
The Committee which proposed this to SC also comprised officials of law and Justice Ministry and Ministry of External Affairs. The MEA was opposed to the idea of allowing NRIs to vote at embassies which was one of the proposals suggested to the court. The Ministry argued that such an exercise would be practically difficult, especially in those countries not having democracy.
The PIl filed by a Kerala-based NRI in Supreme Court had attacked the validity of Section 20A of the RP Act and sought the Government to study other alternatives. The petitioner claimed that this provision created an “inherent inequality” which went against right to equality under Article 14 of Constitution.