Purpose Served,AG Assured To Take Steps: Supreme Court Disposes Plea Seeking Postal Ballot Voting For NRIs And Migrants

Supreme Court bench comprising Chief Justice UU Lalit and Justice Bela M. Trivedi disposed of a petition seeking directions to the Central Government to permit NRIs and migrant labourers to exercise their franchise through casting their votes by postal ballots. The bench remarked that the matter was not fit to be taken up by the court since it had already passed directions to form a committee in this regard.

At the outset, CJI UU Lalit, remarked that having postal ballots for uniformed soldiers was acceptable as they were posted at different locations because of the commands of a sovereign nation. However, the same could not be said for someone who was not residing in the same area for other reasons. He said–

"What if someone is on business? These are matters which must be dealt with by concerned authorities. To what extent do we keep on giving these kinds of mandamus? Say a unit is on the front, maybe say Indo-China front, there are 600-700 people, the ballot papers are sent through post. That can happen. But let's say there is someone in Kerala who's in the northern part of Kerala and not in his own constituency to cast vote. Do we have any facility for him? Say you're located in Delhi and your vote is in Kerala. What would you do? Would you not travel?"

The petitioners highlighted that operational creditors based outside India were allowed to pursue Insolvency Proceedings electronically. The Attorney General for India R. Venkataramani submitted that the Centre had already considered the plea and that the Election Commission of India had been apprised of it as well. At this juncture, the CJI reiterated that the question was not about the entitlement of the right to vote but about the modalities as to how such a person would cast their vote. CJI Lalit also asked the AG if the option of digital voting had been considered. He said–

"Have you considered the option of digital voting? Of course, there are say the migrant labourers...they may not have the means but at least if some platform is made available..."

The AG responded–

"I don't wish to draw the curtain on this subject. But in June 2020, the government went into the matter and deferred it to be reconsidered. I have no idea what consideration went into the decision making process."

Accordingly, the bench remarked that–

"Record shows that notice was issued by this court Feb 2013 whereafter a committee was constituted by the Election Commission to look into the matter with regard to ways to facilitate voting for NRIs and migrant workers. The committee placed report on record. The Central Government had accepted the recommendations and had then introduced RP Amendment bill 2018 to amend Section 60 of the RP Act. The amendment was to have proxies for NRIs to cast vote. The bill was in Lok Sabha but later lapsed."

The bench also recorded a statement from the Attorney General stating that the concerned authorities have taken note of the issue and a solution would be found not just to facilitate voting for NRIs and migrant labourers but to also ensure that integrity of voting process remains intact. The bench further remarked that awareness regarding the issue had seeped in and went to the extent of tabling a bill before one of the houses of parliament which thought it fit to pass the bill as well. Thus, it stated–

"The purpose with which the petition was filed having been served, we see no reason to entertain it any longer. AG has assured that every step shall be undertaken to see that persons living outside India and migrant labourers are still part of electorate and all steps must be taken to assure that and ensure confidentiality of election. Having recorded this, we dispose of the petition."

All other petitions with similar prayers were also directed to be disposed of.

CASE TITLE: Nagender Chindam And Ors. v. UoI And Ors. WP(C) No. 80/2013 PIL

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