New Delhi: Setback for 25 million-strong NRI population who sought voting rights in Indian elections as Supreme Court, after a hearing spanning nine years, disposed of their petition on Tuesday without passing any order and merely remarking that it cannot issue any mandamus to the Executive in this regard but hoped central government will take measures to make the overseas Indians and migrants part of the electoral process
“These are matters of policy. Integrity of entire electoral process, confidentiality all these have to be considered by the government. These are intricate details which a court is not competent to go into. Maybe they are facing some roadblocks. Now they say there will be some amendments to the Act. Can we force it? Can we ask the government when they will amend the RPA Act? No. That cannot be done,” CJI Lalit said.
“Nobody is questioning your entitlement to get name registered as voters but how to get it done is the question. We definitely cannot issue a mandamus to the legislature or the executive. A bill was introduced in Lok Sabha… you have ignited the process, but the Bill lapsed as was not introduced in Rajya Sabha. The matter is still engaging the attention of the government, that is what the honourable AG is telling us. He has assured every step will be undertaken to ensure overseas Indians and migrants will be part of electoral process. So, there is no point keeping it pending,” the CJI said disposing of the matter
CENTRE’S ASSURANCE
In the order bench led by Chief Justice U U Lalit recorded the assurance of Attorney General R Venkataramani that “every step will be undertaken to make overseas Indians and migrant labourers part of electoral process”
PETITIONER’S PLEA
The court was hearing PILs filed in 2013 by two NRIs – Shamsheer V P, an NRI from Kerala, and Nagender Chindam, Chairman of the UK-based Pravasi Bharat – seeking the voting rights. There were other petitions seeking voting rights for migrant labourers too.
Lawyers, including Haris Beeran (for NRI Shamseer) for the petitioners urged the bench not to wind up the hearing by disposing of the matter. They requested the court to “once again beseech the government” to take some measures. Beeran submitted that the hearing had been going on for nine years and this court had been passing periodic orders as a result of which there was some progress.
Some ray of hope. like step taken by the government to allow proxy voting for NRIs though the bill (Representation of the People -Amendment-Bill 2017) lapsed as only Lok Sabha passed it in December 2018 and not the Rajya Sabha as the term of that government ended and fresh elections took place.
But the CJI told the lawyers: “If you are insisting, we will keep it pending for four more weeks. But I can tell you nothing is going to happen”.
According to the lapsed proxy voting proposal, NRI voters were to appoint a nominee afresh for each election — one person can act as proxy for only one overseas voter.
Due to the high cost of travel and time involved, only a minuscule population of NRIs came to India to cast vote.
