Friday 14 / March / 2025
Muscat: Postal votes for non-resident Indians (NRIs) will become a reality soon as India’s Supreme Court has directed the central government to file a report by November 28.
Last Friday, the Supreme Court (SC) of India asked the government to detail the steps taken by it to amend the Representation of the People Act to give NRIs the status of “special voters”.
There are 30 million NRIs across the world and of this, more than 6 million are in Gulf Cooperation Council (GCC) countries.
The bench, headed by Chief Justice of India TS Thakur, emphasised that NRIs cannot participate in the voting process unless there is an amendment in the law. The bench has asked the government to file its status report on the issue by November 28.
Shamsheer V P, a Dubai-based NRI from the south Indian state of Kerala who has petitioned the court and government to provide voting right for NRIs, said that he is hopeful that the Indian government will come up with an amicable solution.
“The Supreme Court has not given a deadline to the government. I hope the government comes out with a plan,” Shamseer told the Times of Oman.
“I have been working hard to ensure voting rights for the NRIs. I am sure it will bear fruit soon,” Shamseer said, adding that he is concerned by the silence of the state governments on the issue.
Meenakshi Arora, senior advocate and counsel for the Election Commission submitted that the poll body has already recommended that the government take necessary steps to amend the law for NRI voters.
In this context, in October 2014, the Election Commission (EC) had prepared a report titled ‘Exploring Feasibility of Alternative Options for Voting by Overseas Electors’ and presented it in court.
Arora said the Representation of the People Act was amended to include service personnel abroad in the electoral process. “We send ballot papers and they will be returned after the vote is cast,” the counsel submitted.
Once e-voting is allowed, NRIs will not have to fly home to cast their votes. Until now, only a small proportion of NRIs travel to India to exercise their franchise given the expense and time involved.
In e-voting, a blank postal ballot paper is emailed to the voter, who has to then fill it in and mail it by post to their constituency.
The government had on July 8 last year told the court that it has “in principle” approved e-ballot voting for Indian passport holders abroad as recommended by the EC.
It said it would have the process in place after making necessary amendments to the Representation of the Peoples Act 1951 that dealt with elections in the country.
“The EC recommendation has been accepted in letter and spirit, and a committee had been set up to devise the modalities of its implementation,” Additional Solicitor General P L Narasimha, representing the Centre, said.
He added that the Union Cabinet would soon consider a draft bill to make the change before it is tabled in Parliament.
The SC then directed the government to enable e-voting by NRIs within two months after the amendments come into effect.
The EC had ruled out the possibility of allowing online voting for NRIs or the option to cast their votes at diplomatic missions abroad for the time being.
But it said e-postal ballot system has almost no risk of manipulation, rigging or violation of secrecy.
