The Election Commission of India (ECI) has recently conveyed its readiness to the Ministry of Law and Justice about extending the Electronically Transmitted Postal Ballot System (ETPBS) to Non-Resident Indian (NRI) voters for the upcoming elections in Assam, West Bengal, Kerala, Tamil Nadu, and Puducherry. This development directly impacts NRI’s by giving them an opportunity to contribute to the democratic process in a convenient and accessible way.
The Road to ETPBS for NRIs
In 2013 and 2014, several queries and petitions addressed by MPs, industrialists, ministers, and NRIs led to the ECI exploring possible voting methods for NRIs. A 12-member committee was consequently created after the 2014 Lok Sabha elections to examine three potential options: voting by post, voting at an Indian mission abroad, and online voting.
Online polling was dismissed due to potential breaches in voting secrecy while the proposal of voting at Indian missions abroad was also discarded due to inadequate resources. In 2015, the panel advocated for giving NRIs “additional alternative options of e-postal ballot and proxy voting” besides voting in person.
Transitioning Towards Postal Voting Rights
Current provisions allow postal ballots for specific categories of voters living in India such as members of the armed forces, members of a state’s armed police force serving outside that state, and individuals employed under the Government of India on a post outside India.
Proxy voting rights for NRIs were approved by the Union Cabinet in 2017, with a Bill amending the Representation of the People Act 1950 proposed. However, this bill lapsed with the dissolution of the 16th Lok Sabha, and the proposal hasn’t been reintroduced since. Instead, the ECI has emphasized postal voting rights for NRIs.
Changing the Current Voting System for NRIs
NRI voting rights were only introduced in 2011 through an amendment to the Representation of the People Act 1950. As per current rules, an NRI can vote in the constituency where their place of residence (as mentioned in their passport) is located. This system requires the voter to be physically present and to provide their passport as identification at the polling station.
Status Quo of NRI Voters
Despite India having the world’s largest diaspora population, according to a UN report in 2015, the registration of NRI voters remains low. Just over one lakh overseas Indians are registered voters in India with approximately 25,000 of them returning to India to vote in the 2019 Lok Sabha elections.
Understanding Postal Ballots Voting
Any NRI interested in voting via postal ballot needs to inform the Returning Officer not later than five days after the election notification. After receiving the information, the RO dispatches the ballot paper electronically. The voter then downloads and marks their preference on the ballot paper, sends it back with an attested declaration from an officer appointed by India’s diplomatic or consular representative in the resident country.
Perspective of Political Parties and MEA
National political parties and the Ministry of External Affairs (MEA) have been consulted on these voting alternatives for NRIs. Some parties like the NCP fully support the proposal while others including BSP, BJP, and CPI expressed concerns about time constraints associated with postal ballots. The Congress party disagreed with sending the postal ballot paper electronically, and the MEA voiced reservations over attesting the declaration, especially in non-democratic countries.
Definition of Non-Resident Indian
According to the Foreign Exchange Management Act 1999 (FEMA), an NRI is defined as an Indian citizen or foreign national of Indian origin residing outside India for employment, business, or other purposes indicative of an intention to stay outside India for an indefinite period. NRIs whose total income in India is up to Rs. 15 lakh during the financial year retain their NRI status if their stay in India does not exceed 181 days. The Union Budget 2020 proposed a reduction of this period to 120 days for all NRIs.
