Kerala SIR: EC yet to resolve ‘Place of Birth’ issue in Form 6A, allege political parties

The right to vote is a cornerstone of any democratic system, embodying the principle of universal adult franchise. In India, this fundamental right extends to its citizens residing abroad, known as Non-Resident Indians (NRIs) or overseas electors. However, the path to exercising this right has often been fraught with procedural hurdles. The recent issue highlighted by political parties in Kerala regarding Form 6A, the application form for overseas electors, brings to light a critical flaw: the 'Place of Birth' field is restricted to Indian States, effectively disenfranchising Indian citizens born abroad.

Historically, the voting rights of NRIs have evolved significantly. Initially, Indian citizens living abroad were not explicitly allowed to vote unless they returned to their constituency for registration. This changed with a landmark amendment to the Representation of the People Act, 1950. In 2010, Section 20A was inserted, enabling overseas electors to register as voters in the constituency where their place of residence in India, as mentioned in their passport, is located. This was a crucial step towards greater inclusivity, recognizing the substantial Indian diaspora and their continued connection to the homeland. The amendment came into effect on February 10, 2011, following the recommendations of the Election Commission of India (ECI) and various diaspora organizations. Prior to this, several petitions and advocacy efforts had underscored the need to allow NRIs to participate in India's democratic process.

The current problem with Form 6A specifically impacts those Indian citizens who were born outside India. While their citizenship is firmly established through lineage (jus sanguinis) – being born to Indian parents – the administrative form fails to accommodate their unique birth circumstance. By limiting the 'Place of Birth' options to only Indian states, the form creates an impossible situation for these individuals, preventing them from accurately completing their voter registration. This is not merely a technical glitch but a substantive barrier to exercising a constitutional right.

Several key stakeholders are involved in this issue. The **Election Commission of India (ECI)**, an autonomous constitutional body established under Article 324 of the Constitution, is primarily responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections. It is the ECI's prerogative and responsibility to address and rectify this procedural flaw in Form 6A. **Overseas Electors/NRIs** are the directly affected party. Their inability to register due to this oversight means their democratic voice is suppressed. The Indian diaspora is a significant demographic, contributing immensely to India's economy through remittances (India is the world's largest recipient of remittances, receiving over $100 billion in 2022) and enhancing India's soft power globally. **Political parties**, like those in Kerala, play a crucial role as advocates, bringing such systemic issues to the forefront and pressuring the ECI for timely resolution. The **Ministry of External Affairs (MEA)**, while not directly involved in electoral processes, has a vested interest in the welfare and engagement of the Indian diaspora and would likely support efforts to resolve such issues.

This issue holds significant implications for India. Firstly, it undermines the principle of **universal adult franchise** enshrined in Article 326 of the Constitution, which grants every citizen aged 18 and above the right to vote. Any procedural impediment that denies this right to a segment of citizens, especially those who are otherwise eligible, is a democratic deficit. Secondly, it affects **NRI engagement** with India. Facilitating their voting rights encourages deeper civic participation and strengthens their ties to the country, potentially increasing their investment and contributions. Thirdly, it highlights the continuous need for **electoral reforms**. The ECI has been at the forefront of modernizing electoral processes, from Electronic Voting Machines (EVMs) to voter ID cards. This Form 6A issue is another instance where administrative procedures need to catch up with demographic realities and technological capabilities. Failure to address it swiftly can lead to accusations of apathy towards a significant and influential segment of Indian citizens.

Looking ahead, the resolution of this issue would likely involve a software update or a revised version of Form 6A by the ECI, allowing for the entry of foreign countries as 'Place of Birth.' Beyond this immediate fix, the incident underscores broader discussions regarding NRI voting, such as the feasibility of **e-voting** or **proxy voting** for overseas electors. While the Supreme Court, in 2014, had asked the ECI to explore these options, practical implementation has faced challenges related to security, transparency, and logistics. A swift resolution to the Form 6A problem would be a positive step towards demonstrating the ECI's commitment to inclusive electoral processes and could pave the way for more comprehensive reforms aimed at maximizing NRI participation in Indian elections.

Relevant constitutional articles and acts include **Article 324**, which empowers the ECI; **Article 326**, which guarantees universal adult franchise; and crucially, the **Representation of the People Act, 1950**, specifically **Section 20A**, which governs the registration of overseas electors. This current issue falls squarely within the administrative and legal framework established by these provisions, demanding an immediate and effective response from the ECI to uphold the democratic rights of all Indian citizens, irrespective of their place of birth.