Today, On 13th December, The Supreme Court declined to hear a PIL concerning voting rights for expatriate citizens, stating it could not direct Parliament to enact a law. A bench of Justices Surya Kant and Ujjal Bhuyan advised the petitioner to approach an alternative forum or raise the matter during an ongoing Parliament session. The petitioner, representing himself, highlighted the Election Commission’s stalled proposal on the issue since 2020. The court permitted the withdrawal of the petition with liberty to pursue it through appropriate channels.
New Delhi: The Supreme Court declined to consider a public interest litigation (PIL) concerning the voting rights of expatriate citizens, indicating that the petitioner was essentially requesting that Parliament enact a law.
A bench comprising Justices Surya Kant and Ujjal Bhuyan disposed of the case, advising the petitioner to seek the appropriate forum.
The order stated,
“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 represented himself, argued that the PIL pertained to the voting rights of expatriate citizens in the diaspora.
He noted that the Election Commission of India had sent a letter to the Ministry of Law and Justice regarding a proposal, but the file had been stalled since 2020. In response,
Justice Kant remarked,
“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.”
Expatriate citizens’ voting rights refer to the ability of citizens living outside their home country (expatriates) to participate in elections by casting their votes.
This typically involves provisions for overseas voting, such as postal ballots, electronic voting, or voting at embassies or consulates. Ensuring these rights allows expatriates to stay connected to the democratic processes of their country and have a say in its governance, even while residing abroad.
The Election Commission of India (ECI) acknowledged the importance of enfranchising expatriate citizens and proposed mechanisms to enable their participation in the electoral process. Expatriate citizens, often referred to as Non-Resident Indians (NRIs), currently face limitations in casting their votes, as they are required to be physically present in their respective constituencies.