SC asks government to explain when and how it will allow NRIs to vote

NEW DELHI: The Supreme Court on Friday asked the government to explain when and how it will allow non-resident Indians (NRIs) to vote in elections.

At present, NRIs have to be physically present in the country to vote. Although a plea has been made that a change in the existing rules would be enough to let NRIs vote like personnel of the armed forces, the government has been saying a legislative change is needed to facilitate it.

A change in the law would take some time, Additional Solicitor General Atmaram Nadkarni told a bench comprising Chief Justice of India JS Khehar and Justice DY Chandrachud.


However, some NRIs said that it would be easier to just change the rules and set the stage for it.

“Tell us if you want to change the rules or change the law. In either case, give us a time by which you can do it,” the CJI told Nadkarni. A specific plea to allow such voting was made on behalf of 10 million NRIs from Kerala.

The bench then asked the government and the Election Commission to give their views on the matter soon. The court had earlier allowed armed forces’ personnel to vote through postal ballot.

NRIs are also seeking parity with persons of the armed forces with regards to voting. They say they too should be allowed to exercise their ballots through post. The other option of having some kind of proxy voting was not acceptable to the Election Commission and the government.

Appearing for some NRIs, former Attorney General Mukul Rohatgi said that although a change in rules will enable NRIs to vote through postal ballot, nothing had been done since 2014.