The idea of online voting for non-resident Indians (NRIs) is being examined by the government, as stated by the Union Minister for Law and Justice in response to a query in the Lok Sabha recently. This article will delve into the background, current voting process for overseas voters, the effectiveness of the existing facility, steps taken by the government for overseas voters, Electronically Transmitted Postal Ballot System (ETPBS), and the way forward.
Background
In 2020, the Election Commission of India (ECI) proposed to the Law Ministry to extend the postal ballot feature to eligible NRIs for State Assembly elections in 2021. Amendments to the Conduct of Election Rules, 1961 were suggested to implement this. The concept involved sending electronic postal ballots to NRIs, who would return the completed ballots through post.
The Current Voting Process for Overseas Voters in Indian Elections
The Representation of the People (Amendment) Act, 2010 allowed eligible NRIs staying overseas for more than six months to vote. However, they must vote in person at their enrolled polling station. Before 2010, any Indian citizen residing abroad for over six months was unable to vote as this resulted in the removal of their name from the electoral rolls. NRIs can vote in the constituency where their place of residence, as stated in their passport, is located, but only in person.
Efficacy of Existing Voting Features
Initially, there were just 11,846 overseas voters registered in 2014. The number rose to about one lakh in 2019. Nevertheless, only a small percentage of those registered actually voted. Furthermore, the requirement to vote in person at the polling booth discouraged many from exercising their right to vote.
Government Initiatives for Overseas Voters
In 2017, the government suggested removing the restriction imposed by Section 20A of the Representation of the People Act mandating physical presence for voting. The Bill, which was passed in 2018 but ultimately lapsed with the dissolution of the 16th Lok Sabha, proposed a proxy voting system for overseas voters under certain conditions. Thereafter, the ECI requested the government to allow NRIs to vote via postal ballots, akin to the system used by service voters, called the Electronically Transmitted Postal Ballot System (ETPBS).
Electronically Transmitted Postal Ballot System (ETPBS)
In 2016, The Conduct of Election Rules, 1961 was amended to enable the use of ETPBS by service voters. This system allows postal ballots to be sent electronically to registered service voters who can then complete and mail them to the constituency’s returning officer. The same process is proposed for NRI voters.
International Institute for Democracy and Electoral Assistance recognises the postal ballot method as a way to permit overseas voters to exercise their right to vote, given that they meet certain prerequisites usually linked to the duration of stay or work abroad.
Way Forward
Implementing a postal ballot mechanism that permits suitable authentication of the ballot at specific consular or embassy offices and an efficient postal system could facilitate this process for NRIs. However, rules must be explicitly instituted for eligibility based on the length of time spent outside the country.
