The fact is citizens of all Commonwealth countries, including India, residing in the United Kingdom enjoy full voting rights in Britain. They can participate in local, supralocal, devolved Parliaments, and general elections.

This raises the question, amid rising nationalistic sentiments, why does the UK grant extensive voting rights to such a diverse group? The answer lies in the historical concept of ‘British subjects’.

Voting rights for ‘British subjects’

Under UK electoral laws, citizens of nearly 54 Commonwealth countries, British Dependent Territories, and Ireland can vote in all elections, provided they reside in Britain.

“The Representation of the People Act, 1918, provided that only British subjects could register as electors,” reported The Print citing Migration Watch UK.

“However, the term ‘British subject’ included any person who, at that time, owed allegiance to the Crown, regardless of the crown territory in which they were born. This included Commonwealth citizens and has never been revised,” it added.

The British Empire’s conceptualisation and the meaning of being a British subject explain why Commonwealth citizens still retain voting rights in the UK.  

Reciprocal voting rights

 

Post-World War II, as Britain lost its territories; it was no longer the global empire it once was. However, much of Britain’s political class continued to uphold the notion of a great British empire, thus extending voting rights to all ‘British subjects’.

Despite the dissolution of the British Empire, the concept of a ‘British subject’ endures, along with their voting rights in the UK. Although the term ‘British subject’ is no longer used post-1983 legal reforms, the rights persist.

 

Meanwhile, some Commonwealth countries reciprocate these voting rights. UK citizens can vote in “Antigua & Barbuda, Dominica, Grenada, Guyana, Jamaica, Mauritius, St Lucia, and St Vincent & The Grenadines.” However, major countries like India, Australia, and Canada do not extend similar rights to UK nationals.

Beyond voting rights

 

Commonwealth citizens in the UK also enjoy various other rights and privileges. They have access to British consular services in non-Commonwealth countries where their home country lacks diplomatic representation. They can also apply for an emergency British passport if their passport is lost or stolen abroad.

Furthermore, Commonwealth citizens can join non-reserved civil service positions in the UK and enlist in the British Armed Forces.  

What is the voting eligibility in the UK?

UK Parliamentary elections

• 
  Eligibility: British citizens, qualifying Commonwealth citizens (including Indian citizens), and citizens of the Republic of Ireland

• 
  Exclusions: Convicted prisoners serving a sentence and members of the House of Lords

Local elections in England and Northern Ireland

• 
  Eligibility: British citizens, qualifying Commonwealth citizens (including Indian citizens), and citizens of the Republic of Ireland

• 
  Exclusions: Convicted prisoners serving a sentence

Devolved elections in Scotland and Wales

Scotland: For Scottish Parliament and local elections, the voting age is 16. Indian and other qualifying Commonwealth citizens, along with all legally resident foreign nationals, can register to vote. Convicted prisoners serving sentences of 12 months or less are also eligible to vote.

Wales: For Senedd Cymru (Welsh Parliament) and local elections, the voting age is 16. All legally resident foreign nationals, including Indian and other qualifying Commonwealth citizens, can register to vote. Convicted prisoners serving any prison term are prohibited from voting.

Voting rights for EU citizens

 

Post-Brexit, the voting rights for EU citizens have evolved:

• 
  EU citizens residing in the UK before January 1, 2020, retain their voting rights if they hold a lawful immigration status.

• 
  EU citizens who arrived after December 31, 2020, can vote in local elections only if their home country has a reciprocal agreement with the UK (for example, Spain, Portugal, Luxembourg, and Poland).

First Published: Jul 03 2024 | 4:59 PM IST