Easing Voting Rights for Overseas Voters

Context:

Recently, the Union Minister for Law and Justice in response to a question in the Lok Sabha stated that the government is exploring the possibility of allowing online voting for Non-Resident Indians (NRI).

How can overseas voters currently vote in Indian elections?

• Prior to 2010, an Indian citizen who is an eligible voter and was residing abroad for more than six months, would not have been able to vote in elections.
• This was because the NRI’s name was deleted from electoral rolls if he or she stayed outside the country for more than six months at a stretch.
• After the passing of the Representation of the People (Amendment) Act, 2010, eligible NRIs 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.
• Just as any resident Indian citizen above the age of 18 years) is eligible to vote in the constituency where she/he is a resident, overseas Indian citizens are also eligible to do so.
• In the case of overseas voters, their address mentioned in the passport is taken as the place of ordinary residence and chosen as the constituency for the overseas voter to enroll in.

How has the existing facility worked so far?

• Hike in voters: From merely 11,846 overseas voters who registered in 2014, the number went up to close to a lakh in 2019. But the bulk of these voters (nearly 90%) belonged to just one State — Kerala.
• Section 20-1A, Part III of the RP Act: It addresses this to some extent by qualifying “a person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
• Proxy provisions: The Bill provided for overseas voters to be able to appoint a proxy to cast their votes on their behalf, subject to conditions laid down in the Conduct of Election Rules, 1961.
• Electronically Transmitted Postal Ballot System: The ECI then approached the government to permit NRIs to vote via postal ballots similar to a system that is already used by service voters, (a member of the armed Forces of the Union; or a member of a force to which provisions of the Army Act, 1950 (46 of 1950) which is ETPBS. The ECI proposed to extend this facility to overseas voters as well.

What is Electronically Transmitted Postal Ballot System (ETPBS)?

• About:
  • For Service Voters:
    • The Conduct of Election Rules, 1961 was amended in 2016 to allow service voters to use the ETPBS.
    • Under this system, postal ballots are sent electronically to registered service voters.
    • The service voter can then download the ETPB (along with a declaration form and covers), 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 (after being signed by the voter in the presence of an appointed senior officer who will attest it).
  • For NRIs (Proposed):
    • In the case of NRI voters, those seeking to vote through ETPBS will have to inform the returning officer at least five days after notification of the election.
    • The returning officer will then send the ballot electronically via the ETPBS.
    • The NRI voter can then register her/his mandate on the ballot printout and send it back with an attested declaration in a process similar to the service voter.
• Benefits:
  • The postal ballot method has been recognised by the International Institute for Democracy and Electoral Assistance as a means to allow overseas voters to exercise their right, subject to certain conditions normally related to the time spent abroad or the work carried out abroad.
    • International Institute for Democracy and Electoral Assistance is an intergovernmental organisation that works to support democratic processes and institutions.

Will this facility be available to all overseas voters across countries?

• There were news reports that the ECI had indicated to the Ministry of External Affairs that it would want postal voting introduced on a pilot basis in non-Gulf countries.
• But the ECI had asked the Law Ministry to explore the possibility of extending postal ballots to overseas electors and not restrict it to any particular country.
• In March 2021, the Ministry of External Affairs informed ECI that the implementation could require to overcome “huge logistical challenges” and needs “a realistic assessment of requirements”

Are postal ballots a viable means of voting?

• The ETPBS method allowed for greater turnout among service voters in the 2019 Lok Sabha election.
• With the increasing mobility of citizens across countries for reasons related to work, the postal ballot method has been internationally recognized.
• A postal ballot mechanism that allows for proper authentication of the ballot at designated consular/embassy offices and an effective postal system should ease this process for NRIs.

What Steps are taken by the Government for Overseas Voters?

• In the winter session of Parliament in 2017, the government proposed to remove the restriction imposed by Section 20A of the Representation of the People Act.
  • 20A of the Representation of the People Act required them to be physically present to vote in their constituencies.
  • The Bill provided for overseas voters to be able 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 later passed in 2018, but lapsed with the dissolution of the 16^th Lok Sabha.
• The ECI then approached the government to permit NRIs to vote via postal ballots.
  • Postal ballots is similar to a system that is already used by service voters, (a member of the armed Forces of the Union; or a member of a force to which provisions of the Army Act, 1950 are applicable) which is the Electronically Transmitted Postal Ballot System or ETPBS

Way Forward

• A postal ballot mechanism that allows for proper authentication of the ballot at designated consular/embassy offices and an effective postal system should ease this process for NRIs, but rules must be clearly framed for eligibility on the basis of time spent away from the country.

Source: The Hindu

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