Electronically Transmitted Postal Ballot System for NRIs

• 12 Jun 2023

For Prelims: Chief Election Commissioner, Non-Resident Indians, Electronically Transmitted Postal Ballots, Representation of the People Act, 1951, Conduct of Election Rules, 1961

For Mains: Challenges Related to ETPB for NRIs.

Why in News?

Recently, the Chief Election Commissioner emphasised the need to facilitate postal voting for Non-Resident Indians (NRIs). It highlights the Election Commission's proposal for Electronically Transmitted Postal Ballots(ETPBs) for NRIs, which is currently awaiting government approval.

• The initiative aims to allow over 1.34 crore overseas Indians to participate in elections using a technology-driven methodology.

What is an Electronically Transmitted Postal Ballot System?

• About:
  • The ETPBS is a system designed to facilitate remote voting for individuals who are unable to cast their votes in person at a polling station.
    • ETPBS combines the use of electronic transmission and postal services to enable voters to receive and return their ballots electronically.
• For Service Voters: Under this system, postal ballots are sent electronically to registered service voters.
  • The service voter can then download the ETPB (along with a declaration form and covers), register their mandate on the ballot and send it to the returning officer of the constituency via ordinary mail.
  • The post will include an attested declaration form (after being signed by the voter in the presence of an appointed senior officer who will attest it).
  • The Conduct of Election Rules, 1961 was amended in 2016 to allow service voters to use the ETPBS.

What was the Proposal Put Forward by the EC Related to ETPB for NRIs?

• The Election Commission (EC) had proposed an amendment in Section 60 of the Representation of the People Act, 1951, to extend the facility of ETPB to overseas electors in 2015.
  • Later in 2020, the EC wrote to the law ministry that it was technically and administratively ready to implement this proposal.
• The EC has suggested that the ETPBS can be used for NRIs with some modifications, such as allowing them to download their ballot papers online and return them by post or courier within a specified time limit.
  • The EC has also suggested that NRIs can be allowed to appoint a proxy voter in India, who can cast their vote on their behalf after verifying their identity and consent.
• The EC has also proposed that NRIs can be given an option to vote at designated polling stations set up at Indian missions abroad, where they can use electronic voting machines (EVMs) or paper ballots.
• However, the proposal is still pending with the law ministry and has faced opposition related to concerns over the security and authenticity of the postal ballots.

What are the Challenges Related to ETPB for NRIs?

• Eligibility and Verification: Determining the eligibility of NRIs to participate in remote voting can be complex.
  • Establishing accurate and reliable mechanisms to verify the identity, residency status, and eligibility of NRIs is crucial to maintain the integrity of the electoral process.
• Time Constraint and Postal Delay: The ETPBS requires the voter to send the postal ballot within a stipulated time frame after receiving it electronically.
  • However, there may be postal delays or logistical issues in some countries that may prevent the ballot from reaching the returning officer on time. This may result in disenfranchisement of some voters.
• Security and Secrecy: The ETPBS involves the transmission of sensitive electoral data through electronic means, which may pose a risk of hacking, tampering or interception by malicious actors.
  • Moreover, the postal ballot may not ensure the secrecy of the vote, as it may be subject to scrutiny or coercion by others.
• Legal and Technical Challenges: The ETPBS requires amendments to the Representation of the People Act, 1950 and 1951, as well as the Conduct of Election Rules, 1961, to enable overseas electors to vote through this system.
  • Moreover, the ETPBS requires robust technical infrastructure and coordination among various stakeholders, such as the Election Commission, the Ministry of External Affairs, the postal department and the embassies.

What is NRI?

• About:
  • NRI stands for Non-Resident Indian, which is a term used for an Indian citizen who resides outside India for employment, education or any other purpose.
    • According to the Ministry of External Affairs, there are about 1.34 crore NRIs across 208 countries as of December 2020.
  • NRIs are also eligible to vote in Indian elections if they are registered as overseas electors in their respective constituencies in India.
• Criteria for NRI:
  • A person is considered NRI if:
    • She/he is not in India for 182 days or more during the financial year Or;
    • If She/he is in India for less than 365 days during the 4 years preceding that year and less than 60 days in that year.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q. ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (2020)

Source: IE