IAS Gyan

Daily News Analysis

REMOTE VOTING FOR NRI

7th November, 2022 Polity and Governance

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In News

  • The Attorney General of India stated in the Supreme Court that the government is in the process to facilitate non-resident Indians (NRI) to cast their votes remotely while ensuring the integrity of the electoral process of Indian Democracy.

 

Details

  • India has the largest diaspora population, with nearly 1.35 crore non-resident Indians (NRI) spread across the globe.
    • Many of them are in the Gulf countries, the U.S. and the U.K.
  • In the 2019 Lok Sabha elections, 99,844 NRIs registered as voters and 25,606 electors turned up to vote, with a majority hailing from Kerala (25,534).
  • A major reason for low NRI registration and voting is the condition that they have to visit the polling booth in person.
  • In 2014, The Election Commission of India (ECI) formed a Committee to explore the options for overseas electors. The committee suggested 2 remote voting options; e-postal ballot and proxy voting.
    • e-Postal Ballot System involves the NRI voter sending an application to the returning officer in person or online.
      • The returning officer will send the ballot electronically.
      • The voter can then register their mandate on the ballot printout and send it back with an attested declaration.
      • The voter will either send the ballot by ordinary post or drop it at an Indian Embassy where it would be segregated and posted.
    • Proxy voting enables voters to appoint proxies to vote on their behalf.
  • Currently, both ETPBS and proxy voting are available to only service voters, like those in the armed forces or diplomatic missions.

 

NRI Voter

  • Citizen of India, who is absent from the country owing to employment, education etc, and has not acquired citizenship of any other country are known as Overseas Voters and are eligible to be registered as a voter at the address mentioned in their Indian passport.
  • According to the provisions of Section 19 of the Representation of People Act, 1950, an NRI could join the electoral rolls as an elector.
    • However, till 2010, NRIs settled in other countries were not permitted to exercise their right to vote during the elections.
    • It was a simple amendment to the Representation of People (Amendment) Act, 2010 that crystallized voting rights for non-resident Indians, even though they had to be physically present in the constituency.

 

Significance of Overseas Indian

  • Remittances close to 90 billion dollars make an invaluable contribution by aiding in socio-economic development, poverty reduction and changes in consumption behavior in rural areas.
  • NRIs are more prone to donate to domestic charities because of the strong cultural and emotional feelings that they experience.
  • Diaspora acts as 'agents of change' facilitating and enhancing investment, accelerating industrial development, and boosting international trade and tourism.
  • They act as “bridge-builders” between their home and adopted countries. The migration of labour (especially to West Asia) has also helped in bringing down disguised unemployment in India.
    • The migration of skilled labourers to foreign countries and their eventual success bolstered the nation’s image.
  • Diaspora’s motives to invest in India are in contrast to non-diaspora FDI. Their investments are long-lasting as many of them wish to establish a long-term base in India.

How NRIs get voting rights

  • They should be Indian and not citizens of the foreign country where they live; that means they must possess a valid Indian passport.
  • They must be at least 18 years old as of January 1st of the year in which the electoral roll is published.
  • Once they fulfill these conditions, they may register themselves as an overseas voter.
  • Offline registration
    • Step 1: If they wish to apply for an NRI Voter ID offline, they need to visit their constituency.
    • Step 2: Visit the Election Registration Office.
    • Step 3: Fill out form 6A for being registered in the roll for the constituency pertaining to the locality in which his place of residence in India as mentioned in the passport is located.
    • Step 4: Submit documents, including a recent passport-size coloured photograph, self-attested photocopies of relevant passport pages, address in India, and visa endorsement.
    • Step 5: They need to show their original passport for verification.
  • Online registration
  • Visit the ECI website.
  • Choose your state or union territory and go to the State Election Commission of India division.
  • Find form 6A and download it, Print out the form, and Fill in the details.
  • Check that the details are the same as those mentioned in the documents and passport.
  • Scan the form as well as the documents required: One recent passport-sized colored photograph, duly affixed in Form 6A; self-attested photocopies of the relevant pages of the passport containing the photograph, your address in India, all other particulars and also the page of your passport containing the valid visa endorsement.
  • To submit, create a login ID with a password if the online registration is supported for your area.
  • Upload the scanned documents and apply online.
  • The application will be scrutinized and posted to screen for objections over a week.

 

About Non-Resident Indians (NRIs)

  • Overseas Indians, officially known as Non-Resident Indians (NRIs) are people of Indian birth or ancestry who live outside the Republic of India.
    • An Indian citizen who is ordinarily residing outside India and holds an Indian Passport
  • According to a Ministry of External Affairs report, there are 32 million NRIs residing outside India.
    • Every year 2.5 million (25 lakhs) Indians migrate overseas, which is the highest annual number of migrants in the world.
  • If an individual has been in India for a minimum of 182 days in the previous financial year is deemed to be a Resident of India. Anyone who does not meet the conditions will be considered an NRI for the previous financial year.
    • In simple terms, 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 are eligible to vote, and only the income that they have earned in India is taxable in India.
    • Therefore, any income earned outside India is not taxable in India.
  • They are entitled to all benefits available to Indian citizens subject to notifications issued by the Government from time to time.
  • They don’t require a visa for visiting India.
  • They can adopt children in India, appear in competitive exams, purchase or sale of immovable property barring agricultural land and farmhouses, and pursue professions such as doctors, lawyers, architects, and chartered accountants.
  • They have parity with Indian nationals in the matter of domestic airfares, and entry fees to monuments and public places.
  • They are exempted from registration with the Foreigners’ Regional Registration Officer (FRRO) for any length of stay in India.
    • Foreigners visiting India who hold long-term visas (more than 180 days) are required to register their presence in India with the Foreigners’ Regional Registration Office (FRRO).
  • Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners.
    • The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India and NRIs.
  • In case an NRI wishes to take up foreign citizenship, he/she will have to give up Indian citizenship as the Indian constitution does not allow dual citizenship.
    • A person cannot hold Indian as well as foreign citizenship simultaneously.

 

https://www.thehindu.com/news/national/explained-what-is-the-status-of-remote-voting-for-nris/article66101350.ece

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