Enabling NRI and Migrants to vote
- November 2, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Enabling NRI and Migrants to vote
Subject: Polity
Context:
- Recently in the context of a petition filed in SC, the union government has replied suggesting that it is considering ways to facilitate non-resident Indians and migrant laborers to cast their votes remotely.
- A bench of Chief Justice of India UU Lalit and Justice Bela M Trivedi was hearing the plea.
Who are Non Resident Indians(NRI):
- NRI means a person resident outside India who is a citizen of India or is a person of Indian origin.
- An Indian citizen residing outside India for a combined total of at least 183 days in a financial year is considered to be an NRI.
- NRIs enjoy voting rights and are required to pay and file the income tax return on their Indian income like resident Indians.
Who qualifies as a NRI voter:
- A citizen of India, who is absent from the country owing to employment, education etc and has not acquired citizenship of any other country and is otherwise eligible to be registered as a voter in the address mentioned in its passport qualifies as a NRI voter.
- According to the provisions of Section 20A of the Representation of People Act, 1950, a NRI settled in a foreign land can become an elector in the electoral roll in India.
What is the Current Voting Process for Overseas Voters in Indian elections:
- Voting rights for NRIs were introduced only in 2011,through an amendment to the Representation of the People Act 1950.
- It is after this amendment that the eligible NRIswere allowed to vote, but only in person at the polling station where they have been enrolled as an overseas elector..
- An NRI can vote in the constituency in his place of residence, as mentioned in the passport.
- He can only vote in person and will have to produce her passport in original at the polling station for establishing identity.
What are the recent steps taken by Government:
- In the Winter Session of the Parliament in 2017, the government proposed to remove the restriction imposed by Section 20A of the Representation of the People Act.
- The Bill was later passed in 2018 but lapsed with the dissolution of the 16th Lok Sabha.
- The Bill provided for overseas voters to be able to appoint a proxy to cast their votes on their behalf, subject to conditions laid down in the Conduct of Election Rules, 1961.
- Section 20A of the Representation of the People Act required them to be physically present to vote in their constituencies. The ECI then approached the government to permit NRIs to vote via postal ballots.