To Vote Or Not To Vote

Here’s some good news for the NRIs, after a phase of chaos and unrest over the passport and visa woes. The NRI voting rights bill is expected to be passed during the monsoon session of parliament.

Reaching out to the Indian Diaspora at the 8th edition of “Pravasi Bharatiya Diwas” a few months ago, Prime Minister, Manmohan Singh, had said “I recognize the legitimate desire of Indians living abroad to exercise their franchise and to have a say in who governs India. We are working on this issue and I sincerely hope that they will get a chance to vote by the time of the next regular general elections.’’

He expressed the hope that NRIs will be able to cast their votes in the 2014 general elections.

The Overseas Affairs Ministry drafted a bill demanding voting rights for the NRIs about four years back. And the Representation of the People's (Amendment) Bill cleared recently by a GoM (Group of Ministers) headed by Defence Minister A.K. Antony, is likely to be presented soon before the Cabinet.

“The GoM headed by the Defence Minister cleared the bill. Now, we are all set to present it before the Cabinet and then it will be introduced in Parliament,” said Overseas Indian Affairs Minister Vayalar Ravi.

(The government moved the bill in the Rajya Sabha in 2006 proposing amendments to the Representation of the People's Act to make provision for voting rights to non-resident Indians. The bill was then sent to a Parliamentary Standing Committee and later it was referred to the GoM.)

The GoM, constituted by Prime Minister Manmohan Singh under Defence Minister A.K. Antony, accepted the committee's recommendation that the names of NRIs should not be deleted from the voters' list even after their six months of absence from their place of residence in India owing to their employment, education or otherwise outside the country, as is the law presently.

The GoM comprised Overseas Indian Affairs Minister Vayalar Ravi and his cabinet colleagues, including Home Minister P.Chidambaram, Human Resource Development Minister Kapil Sibal and Law Minister Veerappa Moily.

The background

Voting rights have been a long-standing demands of NRIs especially those living in the Gulf countries. But the matter had been pending with the government for quite some time.

In 2006 the amendment bill was introduced in the Rajya Sabha which referred it to a parliamentary standing on Personnel, Public Grievances Law and Justice. The report was subsequently given to the law ministry for examination and unfortunately got stuck there. However, Mr. Ravi after the prime minister’s announcement assured that the bill would be introduced in Parliament.

The bill seeks to give voting rights to Indian citizens living abroad due to employment, education or other purposes. The proposal allows Indian citizens living abroad to get their names registered in the electoral roll of the concerned constituency of their place of ordinary residence in India and cast their vote in the elections to the Lok Sabha and state legislatures if they are present in their constituencies at the time of the elections, Mr. Ravi had told Parliament in a written reply.

What’s the fuss all about?

Under the current law, an NRI is struck off the voters’ list if he stays outside the country for more than six months. Mr. Ravi also highlighted that Persons of Indian Origin were different from NRIs.

But the prime minister’s reference to the issue and the 2014 general elections has renewed hope among NRIs who are keen on exercising their electoral rights. There are around 50 lakh NRIs with Kerala alone having over 21 lakh NRIs. But the proposal to give them voting rights has political implications as well as implementation difficulties. And the government has its work cut out if it wants to give NRIs voting rights in time for the next elections.

Section 19 of the Representation of the People’s Act, 1950, barred NRIs to vote if they remained outside India for six months for whatever reasons.

But now the government is considering their voting rights and has proposed inserting sub-section 1AA under Section 20, on the condition that an NRI has to be present in his/her constituency on the polling day.

Result

Under the amended law, Indian nationals residing in foreign countries who have been absented from their place of their ordinary residence in India owing to their employment, education or otherwise to get their names in the electoral rolls and thus exercise their voting rights. The cabinet also gave its approval for introduction of an amendment bill on the same in the current session of Parliament so that the NRIs have a sense of belonging.

The amendment bill will entitle the eligible citizens of India to cast their votes in Parliamentary and assembly elections when they are in their constituency and thus fully participate in the democratic process of nation-building and uphold their pride and prestige as citizens of India.

The move to allow NRI participation in the democratic process will further boost the two-way engagement and help them actively participate in India's growth story, Mr. Ravi said.

NRIs expressed their desire of wanting to vote from the country of their residence but the Government of India does not consider it feasible. The person will be able to exercise the franchise only if he or she is present in the constituency on the polling day.

'There is no question of postal ballots because bogus voting will be a concern. So they have to be physically present in the country to be able to vote,' he said.

Mr. Ravi had initially made it clear that voting rights can be given only to Indian passport holders working abroad and nobody else.

 

News Sources:

http://www.dnaindia.com/india/report_nris-may-get-voting-rights-by-next-polls_1332583

http://www.deccanchronicle.com/chennai/voting-rights-nris-tough-job-says-cec-038

http://beta.thehindu.com/news/national/article407873.ece

http://www.expressindia.com/news/fullstory.php?newsid=61075

http://timesofindia.indiatimes.com/articleshow/1416964.cms

http://blog.taragana.com/politics/2010/06/10/bill-for-voting-rights-for-nris-finalised-42676/

http://www.punjabnewsline.com/content/bill-voting-rights-nris-finalised/21120

http://www.thehindu.com/2010/06/14/stories/2010061461601600.htm

http://thestatesman.net/index.php?option=com_content&view=article&id=331062&catid=35

http://economictimes.indiatimes.com/articleshow/5426084.cms

http://www.merinews.com/article/voting-rights-to-nris/15823031.shtml

http://sify.com/news/nris-can-vote-only-if-present-in-india-ravi-news-national-kgoqufbgccj.html

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