SC notice to Centre on plea seeking voting rights for NRIs without physical presence
Aug 17, 2022
New Delhi [India], August 17 : The Supreme Court on Wednesday issued notice to the Centre and the Election Commission on a plea seeking direction to permit citizens residing outside India to vote here, from their place of residence or employment.
A bench of Chief Justice NV Ramana and Justices JK Maheshwari and Hima Kohli sought a response from the government and poll panel and tagged the PIL along with pending pleas.
The plea filed by Kerala Pravasi Association sought direction that Non-Resident Indians (NRIs) be given the right to vote, without insisting on their physical presence in their respective polling stations in India, on the day of polling.
The plea sought directions from the Central government to permit citizens residing outside India, to exercise their franchise, under Section 20A of the Representation of the People Act, 1950, from their place of residence or employment.
The petition has submitted that the provisions of Representation of the People (Amendment) Act, 2010 which mandates that NRIs be physically present in their constituencies to exercise their right to cast vote in elections are violative of the Fundamental Rights as enshrined under Article 14, 19 and 21 of the Constitution of India.
Rules under the Act fail in ensuring the involvement of the citizens living abroad and deny them their Right to effectively exercise their franchise, it added.
