Representation of the People (Amendment) Bill, 2017 - Proxy Voting

Why in news?

• Lok Sabha recently passed the Representation of the People (Amendment) Bill, 2017, to allow NRIs to use proxies to cast votes on their behalf.

How did the Bill come about?

• A 12-member committee was set up in 2014 to study mainly three options for voting by NRIs (non-resident Indians).
• These include voting by post, voting at an Indian mission abroad and online voting.
• The committee ruled out online polling as this could compromise “secrecy of voting”.
• It also ruled out voting at Indian missions abroad as they do not have the resources to organise polling.
• In 2015, the panel finally recommended that NRIs be given the “additional alternative options of e-postal ballot and proxy voting”.
• This is apart from the option of casting their vote in person.
• E-postal ballot is a ballot paper that is sent to the voter electronically and returned to the returning officer by post.
• The Law Ministry accepted the recommendation on proxy voting and the Cabinet passed the proposal to amend the law.

What does the Bill aim for?

• The Representation of the People (Amendment) Bill, 2017 proposes to amend the Registration of Electors Rules, 1960.
• It stipulates the physical presence of the overseas electors in the respective polling station.
• This is a limitation for overseas electors in exercising their franchise.
• Notably, India’s diaspora population, being 16 million, is the largest in the world.
• But the registration of NRI voters has been relatively lower than this.
• The Bill thus aims at extending the facility of proxy voting to Indian voters living abroad.

What is proxy voting?

• Voting in an Indian election can be done in three ways - in person, by post or through a proxy.
• Under proxy voting, a registered elector can delegate his/her voting power to a representative.
• This was introduced in 2003 for Lok Sabha and Assemblies elections, but on a limited scale.
• Only a “classified service voter” is allowed to nominate a proxy to cast vote on his/her behalf.
• The definition includes members of the armed forces, BSF, CRPF, CISF, General Engineering Reserve Force and Border Road Organisation.
• A classified service voter can also vote by postal ballot.

How does proxy voting work?

• Once passed by both houses, Election Commission will amend the Conduct of Election Rules, 1961.
• This will lay down the procedure by which NRIs could nominate their proxies.
• Currently, the classified service voters' proxy has to be a registered voter in the same constituency.
• The proxy is appointed through Form 13F, signed by the voter and the appointed proxy.
• This is done before a first class magistrate or notary or the commanding officer of the service voter.
• The form has to be submitted to the returning officer of the seat before the nomination of candidates closes.
• The proxy will continue to represent the service voter for all polls until the service or the appointment is revoked.

What are the practices elsewhere?

• UK - A British citizen living abroad can either travel back to vote in person or vote by post.
• He/she can also nominate a proxy but this is subject to eligibility rules.
• This accounts the expatriate’s period of stay abroad and the period for which the voter was registered in the UK.
• Those who were minors at the time of leaving the country can also vote.
• But this is only as long as their parent or guardian was registered to vote in the UK.
• US - Expatriates can vote for federal office candidates in primary and general elections.
• This is, notably, irrespective of how long they have been living abroad.
• Once registered, an overseas Amercian voter will receive a ballot paper by email, fax, or download, depending on the US state.
• This has to be returned the same way as received.

Source: Indian Express