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Synopsis

The Supreme Court on Wednesday issued notice in a plea seeking direction to provide alternative modes of voting to Non-resident Indians who are unable to be physically present in the constituency owing to their employment, education, or otherwise.

A bench of the Chief Justice of India NV Ramana, Justice JK Maheshwari, and Justice Hima Kohli was hearing a plea filed by Kerala Pravasi Association through KMNP Law.

Advocates Kuriakose Varghese and V Shyamohan representing the Association have alleged that discrimination is created among the overseas electors who have the ability and wherewithal to be physically present in the constituency for the election and those who are unable to leave their employment, education or otherwise to be in the constituency at the relevant time.

The plea stated that the reports submitted by the Committee and the Representation of the People (Amendment) Bill, 2017 have recognized the need for adopting alternative methods of voting to ensure the inclusion of overseas electors.

The petitioner association has further sought direction to the Government to constitute a High Power Committee to study and examine the alternative modes of voting to give effect to the purpose and object of Section 20A of the Representation of the People Act, 1950.

It has been argued that although several steps appear to have been taken by the respondents, to give effect to the provision, including constituting Parliamentary Standing Committees and tabling of Bills before the Lok Sabha/ Rajya Sabha, nothing concrete appears to have been achieved.

Drawing the attention of the Court to the statics, the plea stated that "out of the total number of Non-Resident Indians, who were registered voters (i.e., 99844), only 25606 cast their votes in the Lok Sabha elections in the year 2019. Further, in the Lok Sabha elections that took place in the year 2014, only 8 NRIs cast their vote out of 13039 registered NRIs voters."

The plea has sought the following directions:

• Direction to call upon the Respondents to place on record the steps taken by it to facilitate external modes of voting to overseas electors;
• To declare that any interpretation of Section 20A of the Representation of the People Act, 1950, that creates an unreasonable restriction on an overseas elector in exercising his franchise, on account of his inability to be physically present in the constituency owing to his employment, education or otherwise would be violative of Article 14, 19 and 21 of the Constitution of India;
• To declare that an overseas elector shall not be discriminated in any manner with respect to the exercise of franchise on the ground of their place of residence on account of his employment, education or otherwise;

Case Title: Kerala Pravasi Association & Anr. Vs. Union of India & Anr.