Monday, November 12, 2018

AUG 18 POL 6 proxy voting Manipur People’s Protection Bill

PR OXY V OTI NG BY NR I S

Why in news?

Recently, the Lok Sabha passed the Representation of the People (Amendment) Bill, 2017 to allow for the proxy voting by the Non-Residential Indians through amendment in Section 60 (special procedure for voting by certain classes of persons).

Background

As of now, overseas Indians are free to cast their votes in the  constituencies  where  they  are  registered.  The  Bill seeks to give them the option of proxy voting, which till now is only available to service personnel.
The proposal includes a provision that made it mandatory for NRIs to nominate a new person every time they vote in an election, unlike service personnel who are allowed to nominate a permanent proxy.
On the direction of the Supreme Court of India the Election Commission constituted a committee for ‘Exploring Feasibility of Alternative Options for voting by Overseas Electors’,  which expressed  the feasibility  of both  proxy voting and e-postal ballot.
It is not clear yet how NRIs will nominate their proxies. The Election Commission will lay down the procedure by amending the Conduct of Election Rules, 1961, after the Bill is passed by both Houses of Parliament.

Proxy Voting in India
Voting in an Indian election can be done in three ways-
o in person
o by post
o and, through a proxy.
Under proxy voting, a registered elector can delegate his voting power to a representative.
This was introduced in 2003 for elections to the Lok Sabha and Assemblies, but on a limited scale.
Only a “classified service voter” — a definition that includes members of the armed forces, BSF, CRPF, CISF, General Engineering Reserve Force and Border Road Organisation — is allowed to nominate a proxy to cast vote on his behalf in his absence.
A  classified  service  voter  can  also  vote  by postal ballot.
The bill also proposes to replace the term 'wife' with 'spouse' (in case of service voters), thus making the provision gender neutral.

Criticism of the Proxy Voting

Vulnerable nature of the process  of using  a proxy can amount to malpractices and misuse, like-
o The proxy voters might not choose to cast their votes according to the will of the NRI who assigns the proxy.
o The loss of secrecy while using the mechanism is a major drawback.
o It might also lead to purchasing of the votes.
•   Implementational   Challenges-   Moreover,   the   Indian

Proxy voting in other countries
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.
US - Expatriates can vote for federal office candidates in primary and general elections. Once registered, an overseas American voter will receive a ballot paper by email, fax, or download, depending on the US state.
Diaspora abroad is spread in different parts of the world, which will pose an implementation challenge when it comes to proxy voting. Further, the registration of NRI voters has been relatively lower than their number, so more important is to extend registration facilities.
Monetary Influence- Only the parties with sufficient financial resources will be able to roll out significant promotional campaigns abroad, which may tilt the balance of power against smaller, regional parties. Also, there is no adequate mechanism to track how much is spent by these parties outside India.
Discrimination against Domestic migrants- It might increase the discrimination amongst the migrants who still do not have the voting rights, and also amongst various categories of non-residents.

Conclusion

Along with the challenges and concerns related to proxy voting, it is also important to understand that NRIs are a large stratum of our population, large enough to not be overlooked.


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Apart from that, history stands as a testimony to their contribution to Indian economy as well as India’s bilateral or multilateral agreements. Where on one hand they have an impact on India they are also in turn impacted by the events in the country. Thus, steps like proxy voting are considered.
There are various alternative ways to proxy voting, viz. Personal voting (setting up booth at the embassy itself), e-voting, etc.
•   If the Parliament gives its nod to proxy voting, there are various safeguards that it may follow like-
o An NOC must be issued in advance by the NRI voter to the proxy and an e-vote or postal ballot must be
casted to cross-verify the whole process.
o Preparation of electoral roll and the database must be kept secretive to avoid any purchasing of votes.

1.6. MANI PUR PE OPLE ’S P R OTE CTI ON BI LL, 2018

Why in News?

A new bill was recently passed by the Manipur assembly to regulate the entry and exit of “outsiders” on the lines of British-era regulatory regime.

Key features of Manipur People’s Protection Bill, 2018

The  bill  seeks  to  "protect  the  identity  of indigenous people" of the state from the influx of outsiders.
It defines “Manipuris” and “non-Manipuris” and seeks to regulate the entry and exit of the latter in order to protect the interests and identity of the former.
According to the Bill, Manipuris include the Meiteis, the Pangal Muslims, Manipuri scheduled tribes listed under the Constitution and Indian nationals who have been living in Manipur before 1951.
Those who didn’t fall under this umbrella were deemed “non-Manipuris”  and were given a month to register themselves to the authorities.


What is Inner Line Permit (ILP)?
The ILP is a British-era system to regulate entry and exit of outsiders in a protected area.
It is operational in Arunachal Pradesh, Mizoram and Nagaland.
The system requires outsiders to obtain a permit from the government to enter the designated territory.
•    It can be issued for travel purposes solely.
The  main  objective  of  the  ILP  system  is  to provide a special protection of the distinct identity  and  safeguard  for  the  peaceful existence of the indigenous people of the state.
•   For this Bill to become a reality, it requires a nod from the President of India.

Issues with the Bill

The Bill sets 1951 as the base year to identify locals and prevent an influx of outsiders. If approved by the Governor and made an Act, people who came to Manipur after 1951 would be viewed as “foreigners” and would have no voting or land rights
A 1951 cut-off was problematic for tribal communities as data of several villages in the National Register of Citizens, 1951, as well as in the Village Directory of 1951 is not available or not accurate – which, in turn, could render many tribals as non-state subjects
The state of Manipur was formed on January 21, 1972 and thus a number of stake holders wanted it to be the cutoff date.
The tribal protestors claimed an Inner Line Permit would serve only the interests of the Meiteis, and enable them to encroach upon the hills and tribal lands.

1.7. V AR I E TIE S OF DE MOCR ACY R E POR T

Why in news?

Recently The Varieties of Democracy Report for 2018 (V-Dem) has been released which provides the most sweeping global examination of democracy.


Varieties of Democracy (V-Dem)
It  is  an  international  research  project  which  aims  to  develop  new indicators of democracy in all countries all over the world from 1789 to the present.
The project is led by the V-Dem Institute at the University of Gothenburg, Sweden.
•    It covers 178 countries
It is backed by the European Union and funded by a multitude of different institutions (government and non-government) and think tanks.

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Concerns regarding India

India is indicted as a "backslider" since the quality of democracy has declined over the past ten years and sharply declined since 2014
•   India retains a system of free, fair multi-party elections and thus, qualifies as an Electoral Democracy
o But it has seen major erosion in indicators such as Freedom of Expression, Rule of Law and Freedom of
Association

Different Categories for Classification

Liberal Democracy: where every citizen has equal rights and access to the law; there's strong freedom of expression; good institutional systems to deliver justice, freedom of association, participatory elections, etc.
Electoral Democracy: Here citizens have the vote but certain categories of people such as women and poor suffer  exclusion  and lower  standards  apply when it comes to human rights, freedom  of expression and association, etc.
Electoral  Autocracy:  where  citizens  have  the  vote  but  not  much  else.  Repression,  censorship  and institutionalised intimidation are visible in such places.
Closed Autocracy: In a closed autocracy is totally free of being answerable to its people, and their rule is carried out with fear and intimidation.

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