Tsering Dhundup
DHARAMSHALA, Feb. 6: A recent statement by Himachal Pradesh Vidhan Sabha Speaker Kuldeep Singh Pathania has raised discussions on the voting rights of Tibetans born in India after 1987. “Tibetans born in India after 1987 have been granted voting rights by the Himachal Pradesh government, integrating them further into the democratic framework of the country”, Pathania was quoted saying by Hindustan Times.
“Tibetans have been residing in India for over 65 years, with Dharamshala serving as the epicenter of the Tibetan struggle.”
“The Indian government has always stood by the Tibetan Government-in-Exile, and our support will continue without hesitation,” said Pathania while expressing his respect for the Tibetan spiritual leader H.H. the Dalai Lama.
Pathania’s claim, made during a meeting with a delegation from the Tibetan Government-in-Exile, suggests that Tibetans born after 1987 are eligible to vote in Indian elections. However, his statement raises critical legal and constitutional questions regarding citizenship and electoral participation.
The debate over Tibetan voting rights in India is not new. In a landmark move, the Election Commission of India (ECI) issued a directive on February 7, 2014, permitting Tibetans born between January 26, 1950, and July 1, 1987, to be included in electoral rolls under Section 3(1)(a) of the Indian Citizenship Act, 1955. This provision grants Indian citizenship by birth to individuals born within this period.
Judicial backing for this interpretation came from the Delhi and Karnataka High Courts in 2010 and 2013, respectively. Cases filed by well-known promoter and journalist Lobsang Wangyal, Tibetan Parliament in Exile MP Lhagyari Namgyal Dolkar and Tenzin Cheophag Ling Rinpoche, who contested the rejection of their passport applications, led to rulings affirming their right to Indian citizenship and, by extension, voter registration. These decisions underscored the legal standing of Tibetans born in the specified timeframe to claim Indian nationality and subsequently a voter ID.
However, the status of Tibetans born after 1987 remains unclear. Article 326 of the Indian Constitution states that only Indian citizens aged 18 and above are entitled to vote. Articles 327 and 328 empower Parliament and state legislatures to regulate electoral matters, including the eligibility criteria for voter registration as per the provisions of the Indian constitution. Since Tibetans born post-1987 are not eligible to obtain Indian citizenship by birth, their ability to vote hinges on formal naturalisation—a process requiring individual applications for Indian citizenship.
Despite politically significant and a touching gesture for solidarity for Tibetan exiles, the statement made by the honourable Speaker has legal ambiguity at the moment.
