The need of the hour is to revise the draft Bill now pending before the Union Cabinet so that relevant provisions relating to the conferring of proxy voting facility for all NRIs are incorporated. Please show your support for extending the absentee voting facility to NRIs and confer PROXY voting – by SIGNING YOUR NAME BELOW!
Friday, July 16, 2010
Sign the petition - absentee voting rights for NRIs
Sign the petition to include proxy voting rights under the bill
Possible voting options for NRIs - Proxy is good choice
Possible absentee Voting Options for NRIs and Feasibility:
Mixture of Postal and Internet voting: If Election commission allows to download ballot on website and to send by mail, then it is perhaps good option.
Postal Ballet: Currently available for consulate/embassy personnel. Though it sounds like a good option, extending to the NRIs is practically very tedious and next to impossible. It takes long time for Election commission to extend to mail ballots to NRIs.
Internet Voting: Technology in India is still evolving and has not matured enough to support absentee voting.
Mixture of Postal and Internet voting: If Election commission allows to download ballot on website and to send by mail, then it is perhaps good option.
Voting in Embassies/Consulates: Theoretically, this sounds like a good option. However, commuting to the nearest embassy/consulate, making arrangements for local body elections practically is not feasible.
Alternative Option: PROXY Voting
What is PROXY Voting? Delegate your vote to the person whom you trust back in India, so that your vote can be basted along with his/her vote with no overheads and implications specified in the above absentee voting options.
Sunday, July 11, 2010
Proxy voting basics - Conduct of Elections Rules 1961
Only classified service voters i.e. army men opted to vote by proxy, can use proxy voting. They can nominate proxy voter using form 13F. This form can be slightly amended to enable NRIs and their proxy to submit their signatures before a suitable authority. NRIs should be brough under Rule 27M of the Conduct of Election Rules 1961 to enable them to nominate proxy voters using the statutory Form 13F.
Voting by classified service voters through proxy
27M. Definitions.—In this Part, unless the context otherwise requires,—
(a) “classified service voter” means any person specified in clause (a) of section 60, who opts to give his vote by proxy;
(b) “proxy” means the person appointed by a classified service voter as his proxy under rule 27N to give vote on his behalf and in his name;
(c) “service voter” means any person specified in clause (a) of section 60 and registered as an elector in the last part of the electoral roll for the constituency.
=> Army personnel can nominate some other proxy voter to vote on their behalf.
27N. Appointment of proxy by a classified service voter.—(1) A service voter may opt to give his vote by proxy appointed in the manner provided in sub-rules (2) to (4).
=> There are rules for nominating proxy.
(2) Any service voter opting to vote by proxy may appoint any person as his proxy to give vote on his behalf and in his name at an election in a parliamentary or assembly constituency:
Provided that such proxy shall be an ordinary resident in the constituency concerned and of not less than 18 years of age and shall not be disqualified for registration as an elector in an electoral roll under section 16 of the Representation of the People Act, 1950 (43 of 1950).
=> Proxy need not be voter but needs to have eligibility to be voter in that constituency like 18 years age and resident in that area.
(3) The appointment of proxy under sub-rule (2) shall be made by the classified service voter in Form 13F.
(3) The appointment of proxy under sub-rule (2) shall be made by the classified service voter in Form 13F.
=> Proxy nomination will be done with 13F form.
(4) Any appointment of proxy made under sub-rule (3) shall be deemed to be valid so long as the person making it continues to be a service voter or till the date he revokes such appointment, or dies, whichever is earlier: Provided that any revocation of appointment shall be made in Form 13G and shall be effective from the date on which it is received by the returning officer:
(4) Any appointment of proxy made under sub-rule (3) shall be deemed to be valid so long as the person making it continues to be a service voter or till the date he revokes such appointment, or dies, whichever is earlier: Provided that any revocation of appointment shall be made in Form 13G and shall be effective from the date on which it is received by the returning officer:
=> No need to nominate proxy for every election. Nomination stays as long as original voter dies or revokes proxy voting with form 13G.
Provided further that where he revokes such appointment, or the proxy appointed by him dies, while he remains a service voter, he may appoint another person as proxy under these rules, as a substitute proxy in Form 13G and the substitute proxy so appointed shall be the proxy appointed by such classified service voter under sub-rule (3) from the date of receipt of the Form 13G by the returning officer.
=> When proxy voter dies or original voter revokes proxy, he can also nominate another proxy in the same form 13G.
27-O. Intimation of name of proxy by the classified service voter.—(1) The name of the proxy appointed by a classified service voter under sub-rule (3), or, as the case may be, under the second proviso to sub-rule (4), of rule 27N shall be intimated by him to the returning office as soon as may be after such appointment is made, and such intimation must reach the returning officer not later than the last date for making nominations for the earliest election in the
constituency after such appointment.
=> Proxy intimation to returning officer must be made before last date for election nominations.
(2) Notwithstanding anything contained in sub-rule (1), if any intimation under that sub-rule reaches the returning officer after the last date for making nominations in the constituency, such intimation shall not be valid for the election then in progress, but shall, subject to the provisions of sub-rule (4) of rule 27N, be valid for any future election in the constituency.
(2) Notwithstanding anything contained in sub-rule (1), if any intimation under that sub-rule reaches the returning officer after the last date for making nominations in the constituency, such intimation shall not be valid for the election then in progress, but shall, subject to the provisions of sub-rule (4) of rule 27N, be valid for any future election in the constituency.
=> Proxy intimations after last date of nominations will not be valid for the election in progress but will work for all future elections.
27P. Action by returning officer on intimation of name of proxy.—(1) On receipt of intimation under rule 27-O from a classified service voter in regard to his proxy, the returning officer shall mark “CSV” against the name of such voter in the last part of the electoral roll containing the names of all service voters so as to indicate that the said voter has appointed his proxy, and the returning officer shall—
27P. Action by returning officer on intimation of name of proxy.—(1) On receipt of intimation under rule 27-O from a classified service voter in regard to his proxy, the returning officer shall mark “CSV” against the name of such voter in the last part of the electoral roll containing the names of all service voters so as to indicate that the said voter has appointed his proxy, and the returning officer shall—
=> Voter name should be marked with CSV (Classified service voter) so that his vote will be cast by a proxy.
(a) If it is an intimation received the last date for making nominations in the constituency, ensure that no postal ballot paper is issued to such classified service voter; and
(b) if it is an intimation received after the said last date, ensure that a postal ballot paper is issued to such classified service voter for the election then in progress, in accordance with the provisions contained in Part III of these rules.
=> Army men should be given either proxy option or postal ballot based on the date of intimation so that he would not loose vote.
(2) The returning officer shall also prepare, and maintain up-to date, a separate list of all classified service voters who have given intimation of their proxies under rule 27-O, and also of all such proxies with their complete addresses, in such form and such manner as the Election Commission may specify from time to time.
=> Election officers keep up to date list of proxy voters.
(3) As soon as may be after the last date for making nominations in the constituency, the returning officer shall, on the basis of the list maintained under sub-rule (2) and subject to such further direction as the Election Commission may give in this behalf, prepare or cause to be prepared polling station-wise sub-lists of all classified service voters and their proxies having regard to the residential address of each such classified service voter as given in the electoral roll.
=> Election officers should maintain polling station wise proxy list.
(4) Each sub-list prepared under sub-rule (3) shall thereafter be caused to be added by the returning officer at the end to the relevant part of the electoral roll pertaining to each polling station concerned, and such relevant part of the electoral roll together with the said sub-list shall be deemed to be the copy of the electoral roll to be used as the marked copy of the electoral roll under rule 33A or, as the case may be, under rule 49F during the poll at the polling station
concerned.
=> There voter list and proxy list should be in sync.
27Q. Recording of votes of proxy.—(1) A person voting as proxy for a classified service voter shall do so in person at the polling station concerned in the electoral roll of which the name of such classified service voter is added under sub-rule (4) of rule 27P.
=> Proxy should vote in polling station designated to original voter.
(2) The person voting as proxy shall record the vote on behalf of the classified service voter at the said polling station, in the same manner as any other elector assigned to that polling station and the provisions of rules 34, 35 and 36 to 43 or, as the case may be, rules 49G, 49H, 49J to 49R shall apply in relation to the recording of vote by such proxy as they apply to any other elector at the polling station:
=> Proxy voter should cast in the same as original voter does.
Provided that any reference to left forefinger of elector in rule 37 or, as the case may be, rule 49K shall be construed as reference to left middle finger of the person voting as a proxy under this rule.’.
Provided that any reference to left forefinger of elector in rule 37 or, as the case may be, rule 49K shall be construed as reference to left middle finger of the person voting as a proxy under this rule.’.
=> After casting proxy vote, indelible ink must be applied to middle finger instead of on fore finger. If the proxy voter has no middle finger, then there are rules to mark similar to marking for original voter.
Absentee voting options allowed in India - specified by RP Act 1951
The section 60 of Rp Act 1951 provides special procedure for voting by certain classes of persons must be amended so that NRIs are provided the right to vote by PROXY or in person during elections. At the same time, since the provision of Postal Ballots is currently provided in Indian Embasies to government officials, it could be explored whether NRIs too could be permitted to vote using postal ballots in the same embasies.
Section 60. Special procedure for voting by certain classes of persons.—Without prejudice to the generality of the provisions contained in section 59, provision may be made, by rules made under this Act, for enabling,—
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;
=> Army man can choose to vote by postal ballot or proxy.
(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:—
(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act;
(ii) the wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;
=> Police and other officers and their wives can vote by postal ballot.
(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirement as may be specified in those rules.
=> People on election duty can vote by postal ballot.
(d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.]
=> Arrested voters can vote by postal ballot.
(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950), (hereinafter in this section referred to as the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;
=> Army man can choose to vote by postal ballot or proxy.
(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:—
(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act;
(ii) the wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;
=> Police and other officers and their wives can vote by postal ballot.
(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirement as may be specified in those rules.
=> People on election duty can vote by postal ballot.
(d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.]
=> Arrested voters can vote by postal ballot.
Ordinary resident for voting - defined by RP Act 1950
Representation of People Act 1950
NRIs should be covered by Section 20(8) of the RP Act 1950, currently covering armed forces and paramilitary forces. This amendment to law has to be done by the Parliament of India and could be tagged on to the draft Representation of People Act Amendment Bill of 2006.
Section 20. Meaning of "ordinarily resident".
(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
=> One gets to vote where he lives (dwells) in his own house or rented house or simply where he sleeps.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
=> An ordinary voter looses vote if he stays outside of his constituency for more than two weeks.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]
=> M.P or M.L.A. can reside elsewhere based on his work.
(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.
=> Mental patient or prisoner living in place will not get to vote in that place.
(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.
=> Service men in military or police can stay outside of their constituency without loosing vote.
(4) Any person holding any office in India declared by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, shall be deemed to be ordinarily resident on shall be deemed to be ordinarily resident on any date in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that date.
=> Officers appointed by president can live elsewhere while retaining their vote.
(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that 3[but for his having the service qualification] or but for his holding any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be 3[accepted as correct].
=> Service men and officers need to submit forms.
(6) The wife of any such person as is referred to in sub-section (3) or sub-section (4) shall if she be ordinarily residing with such person be deemed to be ordinarily resident on 7*** in the constituency specified by such person under subsection (5).
=> Wives of service men and officers keep their vote as well.
(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.
=> Central government and election commission make election rules.
(8) In sub-sections (3) and (5) "service qualification" means—
(a) being a member of the armed forces of the Union; or
(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or
(c) being a member of an armed police force of a State, who is serving outside that State; or
(d) being a person who is employed under the Government of India, in a post outside India.
=> Service qualification means army personnel, police or government employees living outside county.
NRIs should be covered by Section 20(8) of the RP Act 1950, currently covering armed forces and paramilitary forces. This amendment to law has to be done by the Parliament of India and could be tagged on to the draft Representation of People Act Amendment Bill of 2006.
Section 20. Meaning of "ordinarily resident".
(1) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.
=> One gets to vote where he lives (dwells) in his own house or rented house or simply where he sleeps.
(1A) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
=> An ordinary voter looses vote if he stays outside of his constituency for more than two weeks.
(1B) A member of Parliament or of the Legislature of a State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connection with his duties as such member.]
=> M.P or M.L.A. can reside elsewhere based on his work.
(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.
=> Mental patient or prisoner living in place will not get to vote in that place.
(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date in the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.
=> Service men in military or police can stay outside of their constituency without loosing vote.
(4) Any person holding any office in India declared by the President in consultation with the Election Commission to be an office to which the provisions of this sub-section apply, shall be deemed to be ordinarily resident on shall be deemed to be ordinarily resident on any date in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that date.
=> Officers appointed by president can live elsewhere while retaining their vote.
(5) The statement of any such person as is referred to in sub-section (3) or sub-section (4) made in the prescribed form and verified in the prescribed manner, that 3[but for his having the service qualification] or but for his holding any such office as is referred to in sub-section (4) he would have been ordinarily resident in a specified place on any date, shall, in the absence of evidence to the contrary, be 3[accepted as correct].
=> Service men and officers need to submit forms.
(6) The wife of any such person as is referred to in sub-section (3) or sub-section (4) shall if she be ordinarily residing with such person be deemed to be ordinarily resident on 7*** in the constituency specified by such person under subsection (5).
=> Wives of service men and officers keep their vote as well.
(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.
=> Central government and election commission make election rules.
(8) In sub-sections (3) and (5) "service qualification" means—
(a) being a member of the armed forces of the Union; or
(b) being a member of a force to which the provisions of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications; or
(c) being a member of an armed police force of a State, who is serving outside that State; or
(d) being a person who is employed under the Government of India, in a post outside India.
=> Service qualification means army personnel, police or government employees living outside county.
Friday, July 9, 2010
Shortcomings of R.P. Act Amendment 2006
No provision for Absentee Voting.
It is reported (as informed by the Overseas Indian Affairs Minister, Vayalar Ravi) widely in print media that the Government is contemplating that the NRIs be allowed to exercise their vote only if they are physically present in their respective constituencies at the time of elections. This does not offer a practical solution to the manner of effecting the voting rights of NRIs.
The requirement of physical presence at the time of voting would place enormous constraints on the NRIs seeking to exercise their franchise and thereby would effectively neutralize their right to vote sought to be given by the Bill. In effect, it would practically serve as a deterrent against the exercise of the right to vote by the NRIs.
We are advocating absentee voting by proxy.
Saturday, July 3, 2010
Why are we talking about NRI Voting Rights now?
A Bill to amend Section 20 of The Representation of the People Act, 1950 has been introduced in Indian Parliament (Rajya Sabha) in 2006. The Bill sought to extend voting rights to NRIs by treating them as ordinarily resident in India for voting purposes. It also sought to provide NRIs the right to contest in elections and become public representatives.
On June 10, 2010 this draft of The Representation of the People (Amendment) Bill, 2006 was approved by the Group of Ministers (GoM), Government of India. Now, this Bill is reportedly sought to be cleared by the Union Cabinet for introduction in the forthcoming, monsoon session of the Parliament.
These are welcome steps towards providing the rights to vote and contest in elections, to Non-Resident Indians (NRIs) across the world. However it requires NRIs to be physically present in their constituency on the election day. We are advocating options for absentee voting.
Why Voting Rights for NRIs?
It is the inherent and sovereign right and duty of every citizen to choose his / her representatives. That is why we all should strongly and unequivocally support the right of NRIs to exercise their franchise.
In a changing world, political participation is increasingly delinked from territorial location. Most countries extend franchise to external citizens. Several countries facilitate exercise of franchise through postal ballots (US, Spain, Italy, Portugal, Canada and UK) or at embassies and consulates (Poland, Lithuania, Ukraine, Colombia, Venezuela, Peru, France, Russia, Sweden, Philippines, Japan, Dominican Republic and Spain), or through internet voting (France).
People For Loksatta (PFL), in collaboration with several public spirited NRIs and resident Indians along with dozens of civil society organizations, has been at the forefront of advocating the cause of providing voting and contesting rights to NRIs.
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