NRI voting rights: SC gives Centre 7 days to take a call

The Supreme Court on Friday asked the Centre to clarify within one week how it intends to grant voting rights to NRIs. It asked whether the Central government will amend the law or rules for allowing NRIs to vote.

NEW DELHI: The Supreme Court has given a week to the Centre to decide whether it would amend the election law or rules to allow non-resident Indians (NRIs) to vote by postal or e-ballots during polls.

A bench headed by Chief Justice of India JS Khehar noted that the Centre had agreed to the recommendation of the Election Commission (EC) to make the changes to facilitate NRIs to use proxy voting on the lines of defence personnel.

However, the poll panel left it to the Centre to decide whether the e-ballot facility should be allowed through an amendment in the Representation of People’s Act (RPA) or the rules.

The government had on November 18, 2016 sought time from the SC to respond.

On Friday it asked the court for more time.

“We afford one further opportunity to the Union of India to take a final decision, whether the proposals accepted by it need to be implemented by way of an amendment to the provisions of the RP Act or the rules framed there under,” the bench said in its order.

“If you want to change the rules tell us how much time you will take and if you want to amend the law let us know by when you will bring the bill,” the CJI told the law officer appearing for the Centre, fixing July 21 to hear the matter again.

The government counsel informed the court that the Centre had, in principle, agreed with the recommendations made in the report prepared by a 12-member committee led by deputy election commissioner Vinod Zutshi to explore the feasibility of alternative options for voting by overseas electors.

Senior advocate Mukul Rohatgi, appearing for one of the petitioners, insisted that NRIs could vote under the present regime and there was no need to amend the provisions of the RP Act.

Nagender Chindam, chairman of London-based Pravasi Bharat organisation and other NRIs have approached SC demanding they be allowed to exercise their franchise during elections in India.