Process started for amending law for proxy voting by NRIs

NEW DELHI: A process has been initiated for amending the Representation of the People Act (RPA) to grant proxy voting right to NRIs and possibly the facility of e-ballotting for armed forces personnel.

The Election Commission has set up a committee to suggest amendments to the Act of 1951 with a mandate of submitting a report by February 23.

There are over 10 lakh NRIs in various countries and grant of voting rights to them has been a long-pending demand.

The EC and the Law Ministry are clear that that RPA will have to be amended to extend the facility of alternative voting option for NRI voters.

Late last year, a committee comprising officials from the EC, Law Ministry and the Ministry of External Affairs had recommended proxy voting for the NRI voters.

It had also recommended that such voters be sent blank ballot papers electronically so that they can return it to poll authorities physically.

The MEA was opposed to the idea of allowing NRIs to vote at embassies. It argued that it will be difficult to hold such an exercise, especially in some countries not having democracy.

The report by that committee is the result of a public interest litigation filed in the Supreme Court against the "inherent inequality" created by Section 20(A) of the Representation of the People Act which insists on the physical presence of an NRI in his local constituency at the time of voting.

"The committee is of the view that e-postal ballot, where blank postal ballot is transferred electronically to NRIs and returned by post, can be employed after validation of the process and pilot implementation in one or two constituencies and then be scaled up for parliamentary elections if found feasible, practicable and meeting the objectives of free and fair elections," the report of the committee given to the SC.

The new committee, which also has a representative from the Law Ministry, will also suggest "whether the e-postal ballot system to be developed for overseas electors can be adopted for the personnel of the Services (Armed Forces personnel and those covered under the Army Act) also, and if so, suggest amendments required in the Act or rules."

Armed Forces personnel, whose number is around 20 lakh, are already allowed proxy voting.