Editorial 1 : Will migrants be able to vote remotely?
Introduction:
Election Commission of India (ECI) recently said that it was ready to pilot remote voting for domestic migrants through newly devised remote electronic voting machines (RVMs) so that the voter does not have to travel to their home State or district to cast their vote. The EC will demonstrate an RVM prototype to political parties in January 2023, and has asked for their suggestions.
How significant is the migrant vote?
- In a concept note, the EC has admitted that the absence of a central database for migrants poses a problem on the issue of remote voting. However, the EC recognises that “migration-based disenfranchisement is indeed not an option in the age of technological advancement.”
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As per the 2011 census, 45.36 crore Indians (37% of the population) were internal migrants, settled in a place different from that of their registered residence.
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- Expressing concerns about a stagnating electoral participation, the EC says that while 67.4% of the eligible 91.2 crore Indians voted in the 2019 Lok Sabha election, about one-third or close to 30 crore voters did not cast their vote.
- “Inability to vote due to internal migration (domestic migrants) is one of the prominent reasons to be addressed to improve voter turnout and ensure participative elections,” the EC stated.
EC’s proposal for RVMs:
- In its 2015 order on a plea seeking voting opportunities for domestic migrants, the Supreme Court directed the EC to explore remote voting options. A committee of the poll panel had considered remote voting options such as proxy voting, postal ballots, Internet voting, and early voting but did not recommend any of these methods citing various reasons.
- The ECI has now come up with a prototype for a Multi-Constituency Remote Electronic Voting Machine (RVM) for migrant voting, a modified version of the existing EVM model.
- The EC says the RVM can handle multiple constituencies (up to 72) from a single remote polling booth. The voter will have to register (online/offline) for a remote voting facility within a pre-notified time with the concerned Returning Officer (RO) of their home constituency.
- Once the voter is verified and marked eligible for remote voting, a multi-constituency remote polling station will be set up in the area of their current residence. The RVMs will have the same security system and voting experience as the EVM, with the modification of an electronic ballot display with candidates and symbols instead of a fixed ballot paper sheet. When the voter scans his/her constituency card in the presence of the Presiding Officer at the station, their respective constituency and candidate list will appear on the RVM display. As for counting the votes, the electronic system will also count and store the votes for each candidate in a constituency.
Remote voting for NRIs:
- India has the largest diaspora population, with nearly 1.35 crore non-resident Indians spread across the globe. A major reason for low NRI registration and voting despite India amending the Representation of the People Act in 2010 to enable eligible NRIs who had stayed abroad beyond six months to vote is the condition that they have to visit the polling booth in person.
- While some observers ask why those who migrated abroad should be given special privileges in voting, the petitioners argue that NRIs should not be deprived of the franchise because they exercised their right to freely practise a profession or trade.
- Another question raised is whether expatriates who have been living abroad for a long period of time, say upwards of two years, should be given voting rights. Other democracies allow absentee voting if overseas electors are not abroad for a specified period and/or if they mention an “intent to return”.
Government initiatives:
- ECI formed a Committee in 2014 on the Court’s direction to explore the options for overseas electors. The committee narrowed it down to two remote voting options — e-postal ballot and proxy voting.
- Electronically Transmitted Postal Ballot System (ETPBS) involves the NRI voter sending an application to the returning officer in person or online. The returning officer will send the ballot electronically.
- The voter can then register their mandate on the ballot printout and send it back with an attested declaration. The voter will either send the ballot by ordinary post or drop it at an Indian Embassy where it would be segregated and posted. Proxy voting, meanwhile, enables voters to appoint proxies to vote on their behalf.
- Both ETPBS and proxy voting are currently available to only service voters, like those in the armed forces or diplomatic missions. In its report, the ECI said proxy voting would be a “convenient” and “doable” method.
Hurdles to implementation of the move:
- Multiple Opposition parties have already expressed their concerns. Congress has said that the use of the proposed remote voting mechanism could “seriously undermine the trust in the electoral system,” urging the EC to first restore it through “transparency and via honest engagement with the Opposition’s concerns.” The party pointed out that fears of the misuse of EVMs have not been “systematically addressed.”
- The EC itself has mentioned some procedural challenges that it is seeking stakeholder suggestions on, including:
- how to define a migrant voter with respect to retaining registration at the original place
- whether they are staying away for a longer duration at their “ordinary residence” and or are temporarily absent
- lacing remote voting in the electoral concept of territorial constituencies or demarcated areas in States for equal representation of voters
- Implementation of the Model Code of Conduct (MCC) in remote areas
- Ensuring secrecy of voting and appointing polling agents at remote voting booths etc
Way forward:
- The Hindu newspaper reported that the idea is to implement RVMs as a pilot project in the upcoming Assembly elections in nine States in 2023, and if successful, it could be fully implemented in the 2024 general elections.
- However, upcoming deliberations with parties and the possibility of amending election laws will determine if remote voting for migrants will materialise.
Editorial 2 : What is the crypto awareness campaign?
Context:
- Investor Education and Protection Fund (IEPF) will launch an outreach programme soon to create awareness of cryptocurrencies and online gaming. The need for the outreach is based on the observation that both crypto-assets and online gaming (that extends to gambling and betting) are still being promoted in a risky manner despite the recent turmoil in the sector.
Investor Education and Protection Fund (IEPF)
- IEPF is managed by the IEPF Authority, which was set up in 2016 under the provisions of Section 125 of the Companies Act, 2013. The Authority is entrusted with the responsibility of administration of the IEPF, which, besides promoting awareness among investors, makes refunds of shares, unclaimed dividends, matured deposits and debentures and so on to rightful claimants.
- As for investment education, the idea is to reach out to household investors, housewives and professionals alike in rural and urban areas and teach them the basics.
- Focus areas include primary and secondary capital markets, various saving instruments, the instruments for investment (such as mutual funds, equity, among others), making investors aware of dubious Ponzi and chit fund schemes and existing grievance redressal mechanisms, among other things.
About cryptocurrency:
- Crypto-currency or crypto, is any form of currency that exists digitally or virtually and uses cryptography to secure transactions. Cryptocurrencies don't have a central issuing or regulating authority, instead use a decentralized system to record transactions and issue new units.
- It is supported by a decentralized peer-to-peer network called the blockchain.
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Block chain technology:
- Blockchains are digital databases or ledgers where information is stored as “blocks’’ that are coupled together forming “chains”. It offers a singular combination of permanent and tamper-evident record keeping, real-time transaction transparency and auditability.
- An exact copy of the blockchain is available to each of the multiple computers or users who are joined together in a network. Any new information added or altered via a new block is to be vetted and approved by over half the total users.
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Concern about cryptocurrency:
- The crypto dilemma stems from concerns about the unregulated currency having a destabilising effect on the monetary and fiscal stability of a country.
- Further, crypto exchanges in India are being investigated for their alleged involvement in unlawful practices such as drug trafficking, money laundering, violating foreign exchange legislation and evasion of GST.
- Reserve Bank of India (RBI) has recommended framing legislation on the sector. It is of the view that cryptocurrencies should be prohibited. In a written reply to the Lok Sabha recently,
- Minister of State for Finance Pankaj Chaudhary stated that crypto assets are by definition borderless and therefore, any legislation (for regulation or for banning) would require international collaboration to prevent regulatory arbitrage. The collaboration must entail an evaluation of risks and benefits and evolution of common taxonomy and standards.
Concern on online gaming:
- The Ministry of Electronics and Information Technology (MeitY) has been appointed the nodal industry for online gaming in India; for e-sports, the nodal agency is the Department of Sports, under the Ministry of Youth Affairs and Sports. A proposed framework for Central regulation by MeitY is expected to address issues faced by the sector.
- For instance, there is confusion about the definitions of a ‘game of chance’ like fantasy games, and a ‘game of skill’, a term which has been used in the Public Gaming Act (1867) but has not been spelt out. There are risks from cybercrimes as well.
- In a ‘game of skill’, while the element of chance cannot be entirely ruled out, it is the ‘element of skill’ (mental or physical skill of the user) that plays a dominant role in determining the outcome of the game rather than pure chance.
- A glance at the rulings of the Supreme Court and several High Courts clearly establish ‘Games of Skill’ as legitimate business activities protected under Article 19(1)(g) of the Indian Constitution. These rulings have also emphasised a clear distinction between ‘Games of Skill’ and ‘Games of Chance’.
- Despite these court rulings, online skill games have faced restrictions in a few States due to addiction, financial losses and the thin line between skill and chance.”
Conclusion:
- The online gaming industry has become increasingly concerned with the menace of offshore illegal gambling websites that provide their services and rampantly advertise to innocent Indian users, often masquerading as legitimate gaming platforms. It has become increasingly difficult to differentiate between good and bad operators.
- In this regard, the regulatory and/or legal framework needs to be strengthened.