New Delhi, Dec 13, 2024
The Supreme Court on Friday refused to entertain a public interest litigation (PIL) seeking direction for participation of Indian diaspora in the electoral process through postal ballot or embassy voting.
Remarking that the court cannot compel the Parliament to enact a particular law, a bench of Justices Surya Kant and Ujjal Bhuyan suggested the PIL litigant to approach an appropriate forum.
“We cannot issue a direction to Parliament to enact the law. May be you can get the issue raised in the ongoing Parliament session,” remarked Justice Kant-led Bench.
Sensing the disinclination of the top court to entertain the plea, the petitioner sought permission to withdraw the PIL.
Ultimately, the matter was dismissed as withdrawn with liberty to approach the appropriate forum.
The petition said that overseas Indians face obstacles in participating in the democratic process, including voting in elections and being adequately represented in Parliament, despite their deep ties and contributions to the homeland.
It added that this large community, actively contributing to the country’s economic development, remains marginalised in the country’s democratic process, despite India being renowned as the “mother of democracy”.
The plea sought amendments to the Conduct of Elections Rules, 1961, to ensure the “constitutional democratic rights of representation for Indian citizens residing abroad”.
It said that the denial of democratic rights, including voting and representation, to the
Indian diaspora causes significant harm by excluding a substantial section of the population from participating in the democratic process.
According to data of the Ministry of External Affairs, the Indian diaspora comprises approximately 32 million individuals, including 13.4 million Non-Resident Indians (NRIs) and 18.6 million Persons of Indian Origin (PIOs).
“This community is integral to the Indian nation and contributes significantly to its social, economic, and cultural fabric,” said the petition, adding that foreign remittances contribute about 3 per cent to India’s GDP.(Agency)
