MUSCAT: Can non-resident Indians (NRIs) vote online in the upcoming Indian general elections?

Yesterday, a fake news was spreading on social media claiming that NRIs can cast their vote online. This was shared widely and discussed. However, busting the fake news, yesterday late night, Election Commission to came out with a clarification.

Sheyphali Sharan, the official spokesperson of Election Commission of India, tweeted that “It has come to our notice that the following FAKE NEWS is circulating on some WhatsApp groups.

“It is clarified that you can only apply for voter registration online through nvsp.in portal,” tweet added.

“To cast vote, an Overseas voter may come to his/her designated Polling station with Passport as document for identification,” the official spokesperson added in a following tweet.

The Representation of People (Amendment Bill) Act was passed in Lok Sabha in August 2018. But during the last Rajya Sabha session held between Jan 31 and Feb 13, it was not discussed and passed.

It has come to our notice that the following FAKE NEWS is circulating on some WhatsApp groups.

Sheyphali Sharan, Official Spokesperson, Election Commission of India

The amendments in the Representation of People Act 1950 and Representation of People Act 1951, if passed, would have enabled NRIs to cast votes through their proxies in the constituency.

The 1950 Act deals with the allocation of seats and delimitation of constituencies for elections, qualifications of voters and preparation of electoral rolls.

The 1951 Act provides for the conduct of elections and offenses and disputes related to elections. Section 20A of the 1950 Act recognizes the right of an NRI to have her name entered in the electoral roll. However, the right to vote is exercisable only in person.

In order to allow proxy voting by NRIs, Section 60 of the 1951 Act was amended by the Bill, by adding a sub-section. It is that Section 60 which enables the Election Commission of India (ECI) to frame rules to allow the special procedure for voting by a special class of persons.

It is through an exercise of this provision that the ECI has allowed indirect methods of casting votes like postal vote, vote by wife and others.

The new proposed sub-section enables the ECI to frame rules to make a special procedure for any of the persons as is referred to in section 20A of the 1950-Act to cast his vote either in person or by proxy.

However, as the Bill has lapsed, NRIs will not get the right to cast proxy votes.

It was Dr Shamsheer Vayalil, UAE-based doctor and chairman of VPS Healthcare, who in 2013 along with Nagender Chindam of United Kingdom, who filed a Public Interest Litigation (PIL) in the Supreme Court seeking e-voting rights for NRIs.

Last July, Attorney General KK Venugopal had told the Supreme Court that NRIs could not be allowed to vote by merely changing the rules made under the Representation of People Act and a Bill was needed to be introduced.

The Supreme Court had asked the Centre to decide whether it would amend the electoral law or rules to allow NRIs to vote by postal or e-ballots in the polls in the country.

The Supreme Court took note of the fact that the Centre and the Election Commission were agreeable to the report of a panel that NRIs might be allowed to vote.

And this year in January, the Centre had told the Supreme Court that the Bill would be placed in the Rajya Sabha.

However, it has not happened.