Why in news?
- Lok Sabha recently passed the Representation of the People (Amendment) Bill, 2017, to allow NRIs to use proxies to cast votes on their behalf.
How did the Bill come about?
- A 12-member committee was set up in 2014 to study mainly three options for voting by NRIs (non-resident Indians).
- These include voting by post, voting at an Indian mission abroad and online voting.
- The committee ruled out online polling as this could compromise “secrecy of voting”.
- It also ruled out voting at Indian missions abroad as they do not have the resources to organise polling.
- In 2015, the panel finally recommended that NRIs be given the “additional alternative options of e-postal ballot and proxy voting”.
- This is apart from the option of casting their vote in person.
- E-postal ballot is a ballot paper that is sent to the voter electronically and returned to the returning officer by post.
- The Law Ministry accepted the recommendation on proxy voting and the Cabinet passed the proposal to amend the law.
What does the Bill aim for?
- The Representation of the People (Amendment) Bill, 2017 proposes to amend the Registration of Electors Rules, 1960.
- It stipulates the physical presence of the overseas electors in the respective polling station.
- This is a limitation for overseas electors in exercising their franchise.
- Notably, India’s diaspora population, being 16 million, is the largest in the world.
- But the registration of NRI voters has been relatively lower than this.
- The Bill thus aims at extending the facility of proxy voting to Indian voters living abroad.
What is proxy voting?
- Voting in an Indian election can be done in three ways - in person, by post or through a proxy.
- Under proxy voting, a registered elector can delegate his/her voting power to a representative.
- This was introduced in 2003 for Lok Sabha and Assemblies elections, but on a limited scale.
- Only a “classified service voter” is allowed to nominate a proxy to cast vote on his/her behalf.
- The definition includes members of the armed forces, BSF, CRPF, CISF, General Engineering Reserve Force and Border Road Organisation.
- A classified service voter can also vote by postal ballot.
How does proxy voting work?
- Once passed by both houses, Election Commission will amend the Conduct of Election Rules, 1961.
- This will lay down the procedure by which NRIs could nominate their proxies.
- Currently, the classified service voters' proxy has to be a registered voter in the same constituency.
- The proxy is appointed through Form 13F, signed by the voter and the appointed proxy.
- This is done before a first class magistrate or notary or the commanding officer of the service voter.
- The form has to be submitted to the returning officer of the seat before the nomination of candidates closes.
- The proxy will continue to represent the service voter for all polls until the service or the appointment is revoked.
What are the practices elsewhere?
- UK - A British citizen living abroad can either travel back to vote in person or vote by post.
- He/she can also nominate a proxy but this is subject to eligibility rules.
- This accounts the expatriate’s period of stay abroad and the period for which the voter was registered in the UK.
- Those who were minors at the time of leaving the country can also vote.
- But this is only as long as their parent or guardian was registered to vote in the UK.
- US - Expatriates can vote for federal office candidates in primary and general elections.
- This is, notably, irrespective of how long they have been living abroad.
- Once registered, an overseas Amercian voter will receive a ballot paper by email, fax, or download, depending on the US state.
- This has to be returned the same way as received.
Source: Indian Express
