'Don't Ask Us To Direct Parliament To Enact Law' : Supreme Court Refuses To Entertain PIL Over Voting Rights Of Expatriate Citizens

The Supreme Court today refused to entertain a public interest litigation (PIL) related to voting rights of expatriate citizens, noting that the petitioner was essentially seeking a direction to the Parliament to enact a law.

A bench of Justices Surya Kant and Ujjal Bhuyan disposed of the matter, suggesting that the petitioner approach the appropriate forum. The order was dictated thus:

"The petitioner, after arguing for some time, seeks and is permitted to withdraw this petition with liberty to approach the appropriate forum."

During the hearing, petitioner-Savya Sachi Krishnan Nigam, who appeared in person, submitted that the PIL was related to exercise of voting rights by expatriate citizens living in the diaspora. He contended that Election Commission of India had written a letter to the Ministry of Law and Justice regarding the a proposal, but the file is held up since 2020.

In response to the submissions, Justice Kant said to the petitioner, "You are asking us to issue a direction to Parliament to enact the law. Please don't ask for that. You can raise this before another forum...there are other platforms...you may approach them...maybe you can get the issue raised in Parliament session, which is going on...".

Accordingly, the matter was disposed of.

Another petition seeking to allow NRIs to cast vote from abroad is pending in the Supreme Court.

Case Title: SAVYA SACHI KRISHNAN NIGAM Versus ELECTION COMMISSION OF INDIA AND ANR., Diary No. 45679/2024

Click Here To Read/Download Order