Supreme Court Dismisses PIL Regarding Voting Rights of Indian Diaspora
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New Delhi, Dec 13 (NationPress) The Supreme Court on Friday declined to consider a public interest litigation (PIL) aimed at allowing the Indian diaspora to take part in the electoral process via postal ballot or embassy voting.
Highlighting that the court cannot mandate the Parliament to create a specific law, a panel of Justices Surya Kant and Ujjal Bhuyan advised the PIL petitioner to seek resolution through a suitable forum.
“We are unable to direct Parliament to draft a law. Perhaps you could raise this issue in the current session of Parliament,” commented the Justice Kant-led bench.
Noticing the court's reluctance to address the petition, the applicant requested permission to withdraw the PIL.
Ultimately, the case was dismissed as withdrawn, with the option to approach the relevant forum.
The petition indicated that overseas Indians encounter barriers in engaging with the democratic process, such as voting in elections and obtaining fair representation in Parliament, despite their strong connections and contributions to their homeland.
It was further noted that this extensive community, which plays a vital role in the economic advancement of the country, remains sidelined in the democratic framework, even though India is celebrated as the “mother of democracy”.
The request aimed to amend the Conduct of Elections Rules, 1961, to safeguard the “constitutional democratic rights of representation for Indian citizens living abroad.
The petition argued that the exclusion of democratic rights, including voting and representation, from the Indian diaspora inflicts considerable damage by leaving out a significant portion of the population from the democratic process.
According to statistics from the Ministry of External Affairs, the Indian diaspora consists of roughly 32 million individuals, which includes 13.4 million Non-Resident Indians (NRIs) and 18.6 million Persons of Indian Origin (PIOs).
“This community is essential to the Indian nation and plays a crucial role in its social, economic, and cultural landscape,” stated the petition, which also highlighted that foreign remittances represent about 3 percent of India’s GDP.
