Whether an NRI can vote and contest elections in India?

NRI can now vote in all elections in India, if he/she has not acquired the citizenship of any other country during their stay abroad. To vote in any local, state or national elections, their physical presence on the day of election in India is mandatory.

Article 84 of the Indian Constitution provides that a person should possess the following qualifications to qualify for the membership of the parliament –

1. He must be a citizen of India.
2. He must make and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
3. For the membership of Rajya Sabha he must not less than 30 years of age and for the membership of Lok Sabha he must not be less than 25 years of age.
4. He must possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

In this respect parliament enacted the Representation of people Act, 1951. Section 3, 4 and 5 of the Act requires that the person to be qualified for the membership of the parliament must be registered as a voter in any constituency. But if you are disqualified for voting, then you cannot be an elector and, therefore, because of the disqualification for voting, you are not qualified for standing for election either from a parliamentary constituency or from an assembly constituency.

However the current amendment in the legislation is silent on the eligibility of NRIs to contest elections. Ordinarily, a candidate has to be on the voter list to stand for elections. According to article 102 (1) of Indian Constitution a person shall be disqualified for being chosen and being member of either house if he is not a citizen of India, or has voluntarily acquired the citizenship of foreign state, or is under any acknowledgement of allegiance or adherence to the foreign state. Article 102(1) clarifies that after getting a foreign country’s citizenship a person cannot contest an election in India, but it is not clear that whether an NRI who is an Indian citizen and holds a Green Card or Permanent Residence Card or Work Permit can contest elections in India

Central government and Election Commission should issue some clear guidelines to clarify this to avoid any misinterpretation of laws.

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