At the heart of every democratic system is the ability for every eligible voter to participate in elections. Recently, the Chief Election Commissioner stressed the importance of enabling Non-Resident Indians (NRIs) to vote through postal voting. This statement emphasises the proposed Electronically Transmitted Postal Ballot (ETPB) system for NRIs, still awaiting government approval. Once approved, the technology-driven ETPB system would allow approximately 1.34 crore NRIs worldwide to participate in the electoral process.
Understanding the Electronically Transmitted Postal Ballot System (ETPBS)
The ETPBS is a unique system designed to enable remote voting for those unable to physically cast their vote at a polling station. This method merges electronic transmission with postal services, allowing voters to receive and return their votes electronically. Specifically for service voters, the ETPBS sends postal ballots electronically to registered service voters, who can then download it (coupled with a declaration form and covers), fill it out, and return via regular mail to the returning officer in their constituency. In 2016, the Conduct of Election Rules, 1961 was updated to include service voters in the ETPBS.
The Election Commission’s Proposal for ETPB Usage by NRIs
In 2015 and again in 2020, the Election Commission (EC) proposed amendments in Section 60 of the Representation of the People Act, 1951. These amendments sought to extend the use of ETPBs to overseas electors. Included in the proposal was the suggestion that NRIs could download their ballot papers online and return them via post within a certain time frame. The EC also proposed allowing NRIs to appoint proxy voters, and giving them an option to vote at designated polling stations at Indian missions abroad. However, these proposals are still under consideration by the law ministry, primarily due to security and authenticity concerns regarding postal ballots.
Challenges Surrounding ETPB for NRIs
Although the objective is noble, several challenges exist in actualising ETPBs for NRIs. Key among them include ensuring eligibility and verification, potential time constraints and postal delays, security and secrecy concerns, and legal and technical hurdles. NRIs’ eligibility to vote remotely needs a reliable verification mechanism for identity, residency status, and eligibility to ensure electoral process integrity. Further, logistical issues may cause postal delays, preventing ballots from reaching on time and leading to possible disenfranchisement. There also exist serious concerns around securing sensitive electoral data and maintaining vote secrecy. Lastly, amendments to the Representation of the People Act, 1950 and 1951, and the Conduct of Election Rules, 1961, are required for this system to be implemented, along with strong technical infrastructure and coordination amongst various stakeholders.
Who is an NRI?
NRI, or Non-Resident Indian, refers to Indian citizens residing outside India for employment, education, or other purposes. As per the Ministry of External Affairs, approximately 1.34 crore NRIs are spread across 208 countries as of December 2020. These NRIs can vote in Indian elections if registered as overseas electors in their respective constituencies in India
NRI Eligibility Criteria
To qualify as an NRI, a person must either not have been in India for 182 days or more during the financial year, or they must have been in India for less than 365 days throughout the four years prior and less than 60 days in that year.
The participation of NRIs in the politics and economy of Western countries like America and European Countries is significant, as evidenced by the number of pertinent questions in the UPSC Civil Services Examination.
