NRIS MAY SOON GET VOTING RIGHTS

The fact that NRIs will now also be able to cast their vote through self-appointed proxies as per a recent amendment to “The Representation of People’s Act” is a welcome move. Earlier, NRIs had to travel back to their respective constituencies to cast their vote which can now be done through the Indian Power of Attorney holder. India has one of the largest diaspora populations in the world and given that Indians based abroad hold immense economic and social power it was extremely crucial to devise policies which are inclusive of their interests and incentivises them to participate in nation-building.


As a result, this reform by the government which was the latest in a string of such policies, including the introduction of a Person of Indian Origin (PIO) card in 2015, is to be lauded. Despite being well-intentioned, the revised policy has a set of limitations and logistical problems which must be addressed to ensure its desired implementation while minimising malpractice. The amended act doesn’t clearly define who exactly can be appointed as a proxy for NRI voters. It also fails to detail a process of authentication to appoint a Power of Attorney. No specific provision has been made to prevent a misuse of the Power of Attorney which can otherwise open up a Pandora’s Box for manipulation and selling of bulk votes through agents and facilitators. An adequate regulatory framework is urgently required to monitor and prevent the manipulation of votes to strengthen the democracy.



This amendment also challenges the sacrosanct concept of the secret ballot as the voter has to reveal his choice of candidate to the proxy. Moreover, there are no mechanisms designed to ensure that the proxy casts a vote only for the voter’s choice of candidate. Another set of possible implications that must be kept in mind is the possibility of greater influence of non-residents voters in many constituencies. In the 2014 elections, out of the 11,844 registered NRI voters, 11,488 or 97 per cent were from Kerala. This trend if continued, could lead to disproportionate say of NRIs in local policies and elections. Many have also critiqued the system of proxy voting as being inherently disadvantageous.



At present, NRI voters may have to visit the Indian embassies and high commissions to get their Power of Attorney certified. They will have to send this document to India, which will have to be verified by local administration or the Election Commission. Instead of following such a lengthy procedure, NRI voters could obtain ballot paper printed from Indian embassies and high commissions, which can be sent together to India. This system could be more effective and has a lower cost of implementation while also guaranteeing greater transparency and protection of secrecy of votes.