Voting rights to NRI - THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2010.
In 2010 , By Amending
Peoples represent act 1950 give the right to NRIs to vote in election in India.
Government passed bill THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2010.
Aim of Amendment ?
* Give voting rights to NRI .
* Enable the Indian citizens absenting from their place of ordinarily residence in India owing to their employment, education or otherwise outside India to get their names registered in the electoral rolls
* the right to vote as demanded by the citizens of India living abroad is their legitimate right. Conferring such right will enable them to participate in the democratic process of elections in their motherland and will also boost their involvement in the nation building.
What is hurdle in this ?
Section 19 of the Representation of the People Act, 1950 provide voting right to citizen
but the section 20 of the same said about the voting right to ordinary person.
( Ordinary person is the case of confusion )
Clause 7 – section 20 : If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.]
Section 22 & section 23 define the role of electoral registration officer for correction list and inclusion of new name
Section 28 define the power to make rule for voters ( central govt+ECI)
now,it’s easy to understand what really happen in case of NRI ?
NRI voters is the case of Confusion related to ordinary or not(clause 7,section 20) >> Power laid to central government in consultant to election commissioner >> Chapter 3 , Electoral officer hand book do not consider a person as ordinary who has gone out of the country for business or employment
What is in The presentation of people (Amendment) bill 2010 ?
Government add a new section 20A in Act .
Section 20A said :-
(1) Notwithstanding anything contained in this Act, every citizen of India,
(a) whose name is not included in the electoral roll;
(b) who has not acquired the citizenship of any other country;
(c) who is absenting from his place of ordinary residence in India owing to his employment, education, or otherwise outside India (whether temporarily or not), shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.
(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.
(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”.
Amend the section 22 and 23 saying “after proper verification of facts in such manner as may be prescribed”
It’s mean Electoral officer should have to refer the new section 20A for the adding or correction an name in voter list,
Amend section 28 , which said about : the revision and correction of electoral roll and inclusion of names therein.
Amendment add two new cause hh for refer section 22 and hhh for refer 23
How it will work ?
Power to add new voter and correction list to the electoral officer ( section 22,23 ) >> He has to work according to prescription >> Section 20A is the prescription >> 20A clause 3 give right to , who is absenting from his place of ordinary residence in India owing to his employment, education, or otherwise outside India (whether temporarily or not)
Government passed bill THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2010.
Aim of Amendment ?
* Give voting rights to NRI .
* Enable the Indian citizens absenting from their place of ordinarily residence in India owing to their employment, education or otherwise outside India to get their names registered in the electoral rolls
* the right to vote as demanded by the citizens of India living abroad is their legitimate right. Conferring such right will enable them to participate in the democratic process of elections in their motherland and will also boost their involvement in the nation building.
What is hurdle in this ?
Section 19 of the Representation of the People Act, 1950 provide voting right to citizen
but the section 20 of the same said about the voting right to ordinary person.
( Ordinary person is the case of confusion )
Clause 7 – section 20 : If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.]
Section 22 & section 23 define the role of electoral registration officer for correction list and inclusion of new name
Section 28 define the power to make rule for voters ( central govt+ECI)
now,it’s easy to understand what really happen in case of NRI ?
NRI voters is the case of Confusion related to ordinary or not(clause 7,section 20) >> Power laid to central government in consultant to election commissioner >> Chapter 3 , Electoral officer hand book do not consider a person as ordinary who has gone out of the country for business or employment
What is in The presentation of people (Amendment) bill 2010 ?
Government add a new section 20A in Act .
Section 20A said :-
(1) Notwithstanding anything contained in this Act, every citizen of India,
(a) whose name is not included in the electoral roll;
(b) who has not acquired the citizenship of any other country;
(c) who is absenting from his place of ordinary residence in India owing to his employment, education, or otherwise outside India (whether temporarily or not), shall be entitled to have his name registered in the electoral roll in the constituency in which his place of residence in India as mentioned in his passport is located.
(2) The time within which the name of persons referred to in sub-section (1) shall be registered in the electoral roll and the manner and procedure for registering of a person in the electoral roll under sub-section (1) shall be such as may be prescribed.
(3) Every person registered under this section shall, if otherwise eligible to exercise his franchise, be allowed to vote at an election in the constituency.”.
Amend the section 22 and 23 saying “after proper verification of facts in such manner as may be prescribed”
It’s mean Electoral officer should have to refer the new section 20A for the adding or correction an name in voter list,
Amend section 28 , which said about : the revision and correction of electoral roll and inclusion of names therein.
Amendment add two new cause hh for refer section 22 and hhh for refer 23
How it will work ?
Power to add new voter and correction list to the electoral officer ( section 22,23 ) >> He has to work according to prescription >> Section 20A is the prescription >> 20A clause 3 give right to , who is absenting from his place of ordinary residence in India owing to his employment, education, or otherwise outside India (whether temporarily or not)
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