India's apex court to hear NRI voting rights plea in April

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The court's observation came while adjourning the Public Interest Litigation (PIL) filed by NRI entrepreneur Dr. Shamsheer Vayalil.

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Published: Thu 20 Feb 2020, 4:15 PM

Last updated: Thu 20 Feb 2020, 7:19 PM

The Supreme Court of India on Thursday observed that it will dispose the petition on NRI Voting Rights in April, advocate Haris Beeran told Khaleej Times.
The court's observation came while adjourning the Public Interest Litigation (PIL) filed by NRI entrepreneur Dr Shamsheer Vayalil, also the founder and managing director of VPS Healthcare.
Speaking on the latest development, VPS Healthcare Chairman and Managing Director Dr. Shamsheer said that the decision of the apex court is heartening and reassuring.
"I exude hope that the court will rule on the way forward. Once implemented, this would strengthen millions of NRIs to exercise their voting rights from their workplaces across the border. This is a genuine demand. It is the right of every individual to participate in the electoral process. It has been long-pending. I expect, now it would bring in a positive result," he said.
Beeran explained, "With this, it is expected that the long-pending demand will finally get a lease of life as the court would clear the way forward for the petition in April."
The apex court bench headed by Justice Deepak Gupta posted the matter for a detailed hearing on a non-miscellaneous day.
Advocate Beeran said he submitted a compilation of orders passed till date in the six-year-old plea, drawing the attention of the court to the delay in taking an action on the long-pending demand. The compilation included the Supreme Court's own direction to the central government and Election government on carrying out the due process.
Though the Lok Sabha had passed a bill enabling NRI proxy voting rights earlier in August 2018, it was lapsed following the dissolution of the 16th Lok Sabha. Later in June 2019, though there were news reports suggesting that the Union cabinet may take a call on introducing a fresh bill in the parliament regarding this, nothing has happened so far.
"A detailed compilation was submitted before the court to draw its attention to the continuing delay in reaching to a conclusive action on this," said advocate Haris.
As of now, overseas Indians are free to cast their votes in their registered constituencies. The PIL demands right for NRIs to vote from their workplace through e-ballot or proxy voting.
An expert committee of the Election Commission in 2015 had forwarded the legal framework to the law ministry to amend the electoral laws allowing the overseas Indians to vote through proxy voting, which at present is restricted to service personnel alone.
According to the estimate of the Ministry of External Affairs, there are about 3.10 crore NRIs living in different countries across the world. Meanwhile, an unofficial date of the Election Commission shows that only 10,000 - 12,000 overseas votes have exercised their franchise.
On February 19 this year, news reports suggest that the government has decided to link Adhar Card with Election ID for migrant voting. Furthermore, another media report said the Election Commission of India (ECI) is collaborating with the Indian Institute of Technology, Madras (IIT-M), to work on technology that would allow voters to exercise their democratic right through a digital device.
The technology will allow migrants to vote. The current dispensation at the Centre has talked of making it easier for NRIs eligible to vote in Indian elections to register their electoral opinion-at present, they can only cast their vote at the Indian embassy in the country of their residence.


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