The Hindu: Published on 14th July 2025:
Why in News?
The Election Commission of India has launched a Special Intensive Revision (SIR) of the electoral rolls in Bihar, reigniting the debate on who qualifies as an “ordinarily resident” under the Representation of the People Act, 1950 — a critical condition for inclusion in the voter list. The issue is particularly sensitive for migrant workers who move for employment and may lose voting rights if strict definitions are applied.
What does Section 20 of the Representation of the People Act, 1950 say?
Section 19 of the RP Act states that a person can be registered in an electoral roll only if they are an ordinarily resident of the constituency.
Section 20 explains that mere ownership of property in a constituency does not qualify someone as an ordinarily resident.
A person is still ordinarily resident if they are temporarily absent from their main place of stay.
Exceptions under Section 20:
Members of the armed forces.
Members of state police serving outside the state.
Government of India employees posted outside India.
People holding constitutional positions as declared by the President.
Their spouses are also considered ordinarily residents of their respective home constituency.
What about NRIs?
Section 20A, added in 2010, allows Non-Resident Indians (NRIs) to vote in Indian elections.
NRIs can register in the constituency based on the address in their passport, even if they live abroad for long periods.
What governs inclusion in the electoral roll?
The Registration of Electors Rules, 1960 (RER), issued by the Central government in consultation with the EC, governs:
Preparation of electoral rolls.
Rules for adding/removing names.
Implementation of provisions of the RP Act.
Why are migrant workers vulnerable?
Migrant workers may be temporarily living away for work and staying in non-permanent housing (like labour camps or shacks).
Yet, they return to their home states, have families, and consider it their main residence.
Courts (e.g., Gauhati High Court, Manmohan Singh case, 1999) have ruled that habitual and permanent character is essential to being considered ordinarily resident — not just casual or short stay.
Around 15 crore Indians (11% of the population) are employment-related migrants.
Strict interpretations of “ordinarily resident” may lead to disenfranchisement, since migrants often don’t register to vote at their workplace but wish to vote in their home constituency.
What are the potential issues?
The democratic process may be weakened if migrant workers are removed from rolls of their native places.
Migrants often don’t wish to shift their voter registration to new places.
Fraudulent duplication (voting in two places) is a concern, but it can be addressed via Aadhaar linkage, not by removing their rights.
Way Forward:
The RP Act or RER should be amended to recognize the special status of migrant workers, much like service voters or NRIs.
Election Commission may consider mechanisms like:
- Allowing migrant workers to retain their original registration.
- Introducing remote voting options.
- Using Aadhaar linkage to avoid double registrations.
A balanced policy is needed — protecting electoral integrity while ensuring inclusivity and representation for all citizens, especially the labour class.
Conclusion:
The challenge of defining "ordinarily resident" lies at the intersection of law, migration, and democracy. Any reforms should respect:
- Migrant workers’ right to vote,
- India’s constitutional spirit of universal adult suffrage,
- And the need for secure, fraud-free electoral processes.
A flexible, inclusive, and technologically enabled electoral system is essential for ensuring true representation in a migrating society like India.
