SC Pulls Up Centre For Delaying Decision On NRI Voting Rights, Former AG Rohatgi Appeared Against Centre

"This is a petition of 2014. Every year you keep saying we will amend we will amend. You said this in 2014, 15, 16 and again..this is not the way a government works", an angry CJI Khehar told the Central government's counsel"

Pulling up the Centre, the Supreme Court today allowed one last chance that is to tell by next Friday as to how it planned  to allow 25 million Non-Resident Indians (NRIs)across the world to participate in Indian elections through e-vote.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud asked the Centre to make it clear within one week if it planned to amend the Act or concerned Rules under the Representation of People's Act.

"This is a petition of 2014. Every year you keep saying we will amend we will amend. You said this in 2014, 15, 16 and again..this is not the way a government works", an angry CJI Khehar told the Central government's counsel.

ROHATGI APPEARS AGAINST CENTRE

At the outset, former Attorney General Mukul Rohatgi, appearing against the Centre for the first time after quitting the AG post questioned the Centre"s delay in making the necessary changes to allow NRIs to vote and said ' they are only buying time by saying they need to amend the Act while they only need to change the rules which is a simple process."

"They allow Armed forces personal to vote other defence personal all through postal ballot etc only to NRIs most of them from Kerala they say you come to India and vote" Rohatgi told the bench.

In December last a bench headed by then Chief Justice T S Thakur enquired about the latest stand of the union government after senior advocate Kapil Sibal appearing for a petitioner said one and a half years ago the Centre had accepted the Election Commission’s (EC) proposal in this regard, claimed it formulated a draft bill and told the court that steps are being taken to get the Representation of People Act 1951 amended but things have not moved much.

Two NRIs - Shamsheer V P, an NRI from Kerala and Nagender Chindam, Chairman of the UK-based Pravasi Bharat had in 2013 filed two public interest litigations in the apex court.

“Senior counsel appearing for the Union of India seeks time to take instructions whether any amendment to the Representation of People Act, 1950 and 1951 is proposed in terms of the recommendations received from the Election Commission in so far as the Notification of NRI's as special voters is concerned, if so, the status of such process may be informed within 8 weeks”, the CJI said in the order.

Once e-vote is allowed, NRIs will not have to fly home to vote.

Responding to the PILs, the EC had ruled out the possibility of allowing NRIs to vote through the Internet or at diplomatic missions abroad for the time being. But it said e-postal ballot system has almost no risk of manipulation, rigging or violation of secrecy.

BACKGROUND

The government had on July 8, last year told the court that it has “in principle” approved e-ballot voting for Indian passport holders abroad, recommended by the Election Commission in a report, and it would have the process in place after making necessary amendments to the  Representation of the Peoples Act, 1951, that dealt with elections in the country. 

“The recommendation has been accepted in letter and spirit, and a committee had been set up to devise the modalities of its implementation", Additional Solicitor General P L Narasimha representing the Centre had said on that day. 

He also said that the Union Cabinet would soon consider a draft Bill to make the change before it is tabled in Parliament. 

SC then directed the government to enable e-voting by NRIs within two months after effecting the amendments.