Section 20A: Section 20A – Special Provisions for Service Voters

Overview

Section 20A of the Representation of the People Act, 1950, focuses on ensuring that citizens serving the nation away from their home constituencies – like those in the armed forces, central armed police forces, and government employees posted abroad – are able to exercise their right to vote. It outlines the special provisions for registering these ‘service voters’ and how they can participate in elections, primarily through postal ballots or proxy voting.

Key Provisions

• Registration as Service Voters: This section allows eligible service voters to get their names registered in the electoral roll of their home constituency, even while stationed away.
• Voting Methods: Service voters can vote either by postal ballot or, under specific circumstances, through a designated proxy. The rules governing these methods are crucial.
• Eligibility: The section applies to members of the armed forces, central armed police forces, and government employees posted outside India.
• Forms & Lists: The implementation of this section relies heavily on specific forms (Form 2, 2A) and the maintenance of dedicated service voter lists.

Impact on Voters and Electoral Rolls

Section 20A significantly impacts the composition of electoral rolls, particularly in constituencies with a large number of service personnel. It ensures that these citizens aren’t disenfranchised due to their mobility and postings. The creation and maintenance of separate service voter lists, and the process of updating these lists, are vital for accurate representation. It also necessitates a robust system for handling postal ballots and proxy votes to maintain the integrity of the election process.

Practical Examples

• Example 1: A soldier posted in Kashmir wants to vote in the elections in his home state of Uttar Pradesh. Under Section 20A, he can register as a service voter and cast his vote using a postal ballot sent to his unit.
• Example 2: A government employee working in the Indian embassy in the USA is eligible to vote. They can register as a service voter and choose to either vote by postal ballot or, if permitted by rules, appoint a proxy to vote on their behalf. The rules regarding proxy voting are strict and require careful adherence.

Related Sections / Rules

Section 20A works closely with several other parts of the Representation of the People Act, 1950, and its associated rules. Key connections include: Section 20 (General provisions regarding preparation of electoral rolls), Rule 27 of the Registration of Electors Rules, 1962 (dealing with applications for registration of service voters), and Form 2 and Form 2A (application forms for service voter registration). The Conduct of Elections Rules, 1961 also contain provisions relating to postal ballot procedures for service voters.