Postal Ballots and why they are fast turning into a political controversy GS: 2 "EMPOWER IAS"

In news:

• The Election Commission has announced that it will allow those above the age of 65 as well as those under home or institutional quarantine to vote using postal ballots during the Bihar elections. Opposition parties are unhappy with the move and termed it unconstitutional.

 

What is Postal Voting?

• Postal Voting is a facility for a set of voters, through which a voter can cast the vote remotely by recording the preference on the ballot paper and sending it back to the election officer before counting.

Who can avail this facility?

• Members of the armed forces like the Army, Navy and Air Force,
• Members of the armed police force of a state (serving outside the state),
• Government employees posted outside India and their spouses
• Voters under preventive detentionare entitled to vote only by post.
• Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker of the House and government officers on poll duty have the option to vote by post
• The Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.

 

How are votes recorded by post?

• The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
  After receiving it, the voter can mark his/her preference with a tick mark or cross mark against the candidate’s name, and fill up a duly attested declaration to the effect that they have marked the ballot paper.
• The ballot paper and the declaration are then placed in a sealed cover and sent back to the Returning Officer before the time fixed for the commencement of counting of votes.

 

Arguments pointing at flaws of Postal Voting

• Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others at numerous stages, ending up disclosing their preferred candidate.
• Postal voting also exposes the aged to different forms of influence in unfair manner.

 

What about absentee voters?

• Recently, the Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.
• These are voters employed in essential services and unable to cast their vote due to their service conditions.
• Currently, officials of the Delhi Metro Rail Corporation, Northern Railway (Passenger and Freight) Services and media persons are notified as absentee voters.
• Last month, senior citizens above the age of 65 and voters who test positive for COVID19 or are suspected to be COVID-affected were allowed to cast their vote by post.

 

How are votes recorded by post?

• The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
• This is done so that the ballot papers reach the concerned voter well before the polling date and she has enough time to send it back before the counting day.
• Postal ballot papers for members of the Armed Forces are sent through their record offices.
• For members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses, the ballot paper can be sent through post or electronically.
• For remaining categories ballot papers can be delivered personally or through the post.

 

Why political parties are divided over postal ballots?

• Opposition parties are not against postal ballots.
• They have objected to the EC’s decision to allow voters aged 65 and above and those infected or suspected to be infected with COVID19 to vote via postal ballots.
• This change was effected without consulting political parties.
• They fear that the move will lead to malpractices and foul play by those parties which are in power and having resources.

 

Issues with the recent move

• Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others.
• This will end up disclosing their preferred candidate.
• This also exposes them to “administrative influence or influence by the Government or the ruling party”.
• Some political parties has described it as an “arbitrary, malafide, unconstitutional” move against free and fair elections .
• They also argued that allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others at numerous stages, ending up disclosing their preferred candidate.
• This also exposes them to “administrative influence or influence by the Government or the ruling party”.

 

Election Commission of India: The Election Commission of India is an autonomous constitutional authority The Election Commission is responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country. Part XV of the Indian constitution deals with elections, and establishes a commission for these matters. Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc., of the commission and the member.   Representation of the People Act, 1951 This act provides for the actual conduct of elections in India. It deals with the following matters : Details like Qualification and Disqualification of members of both the Houses of Parliament and the State Legislatures, Administrative machinery for conducting elections, Registration of Political parties, Conduct of Elections, Election Disputes, Corrupt practices & Electoral offences, & By-elections.

 

Source) https://indianexpress.com/article/explained/postal-ballots-political-controversy-explained-6495861/