Non-resident Indians (NRI) can now have a say in determining who will be their political representative back home without having to remain physically present in the country to cast their vote.
This will be made possible through an e-postal ballot system, as suggested earlier by the Election Commission of India, which has now found approval of the Centre.
The development was known on Monday when the Supreme Court took up a batch of PIls filed by Pravasi Bharat Chairman Nagender Chindam and NRI businessman Shamsher VP who challenged the validity of Section 20(A) of the Representation of Peoples Act where an NRI had to register with the Election Commission as “overseas voter” and remain physically present at the polling booth to cast his/her ballot.
The law inconvenienced the over one-crore NRI population. The court stepped in to their relief by forming a panel headed by Election Commission to consider alternate methods for NRI voting. The report was submitted to Court last year where EC along with officials of law Ministry, External Affairs Ministry and other concerned departments approved of an e-postal ballot system by which NRIs could receive and send their ballot form electronically to the EC.
Additional Solicitor General PS Narasimha, who appeared for the Centre, informed during the court proceedings that the proposal of the EC panel was acceptable to the Centre. He stated that the Ministry of law was in the process of carrying out certain amendments to the RP Act to make e-postal ballot a part of statute.
Chief Justice Hl Dattu, who headed the Bench hearing the PIls gave the Centre eight weeks to roll out the suggestion and work out all modalities necessary to implement it at the earliest. “Since the views and recommendation have been accepted, let them (Centre) go ahead with the follow-up. They will have to carry out the follow-up process at the earliest,” said the bench, also comprising Justice AK Sikri.
The Supreme Court tossed another question to Centre whether it was agreeable to voting rights for Indian migrants settled abroad for employment purposes. The bench issued a notice to the Centre on an application by a NRI businessman demanding that in a democracy all persons must have a right in political discourse that leads it. “True representation would only be made possible if every attempt was made to make every vote count,” said the application, filed through advocate Haris Beeran.
The 12-member panel led by Deputy Election Commissioner Vinod Zutshi in its report said that a blank postal ballot will be transferred electronically to NRIs that can be filled and returned by post. The report further recommended a dry run in one or two constituencies before it can be gradually employed in the Parliamentary elections.