Introduction

The term ‘ordinarily resident’ is central to the inclusion of a citizen’s name in the electoral roll of a constituency under the Representation of the People Act, 1950. The recent Special Intensive Revision (SIR) of electoral rolls in Bihar has reignited debates around this concept—especially in the context of migrant workers, NRIs, and temporary residents.

Legal Framework

Section 19 and 20 of the RP Act, 1950

• Section 19: A person must be an ordinarily resident in a constituency to be enrolled as a voter there.

• Section 20: Clarifies that:

  • Ownership of property does not alone make someone an ordinarily resident.

  • Temporary absence from one’s residence does not affect the status of ordinary residency.

  • Members of the armed forces, armed police serving outside the state, and government officials posted abroad retain their ordinary residency at their original location.

  • Their spouses enjoy the same treatment.

Section 20A (Added in 2010)

• Allows Non-Resident Indians (NRIs) to register and vote in the constituency of their passport address, despite long-term absence from India.

Role of the Registration of Electors Rules, 1960 (RER)

• The RER, framed by the central government in consultation with the Election Commission (EC), regulates inclusion and exclusion from electoral rolls.

• It ensures voters are enrolled in constituencies where they have genuine and habitual ties.

Challenges Faced by Migrant Workers

Statistical Context

• According to the Periodic Labour Force Survey (2020-21), 11% of the population migrates for employment—about 15 crore migrant voters.

Nature of Migration

• Many migrants:

  • Live in temporary shelters.

  • Move across States for work (e.g., construction, security).

  • Retain close ties with their original homes—property, family, identity.

  • Return to vote from their native constituencies.

Legal and Practical Issues

• Courts, including the Gauhati High Court (1999, Manmohan Singh case), interpreted ‘ordinarily resident’ as:

  • Someone habitually and permanently residing in a place.

  • Someone accepted by a reasonable person as a resident.

• Strict application may disenfranchise migrants who:

  • Lack documents at their work location.

  • Don’t intend to settle permanently.

  • Are unwilling to change constituency for short-term stays.

Comparison with Other Voter Categories

• Service voters, NRIs, and officials are allowed to retain voter registration in their original constituency.

• Migrant labourers, despite having long-term social and economic links to their home, lack similar statutory safeguards.

Way Forward

Legislative Amendments

• Amend the RP Act and RER to protect migrant labourers’ right to vote in their home constituencies.

Aadhaar Integration

• Use Aadhaar seeding to prevent multiple registrations and ensure transparency.

Inclusive Electoral Mechanisms

• Explore:

  • Postal ballots for migrant workers.

  • Special voter registration drives in work areas.

  • Legal recognition of seasonal residency patterns.

Conclusion

The principle of ‘ordinary residence’ must evolve with India’s dynamic socio-economic reality. Protecting the voting rights of migrant workers, while maintaining the integrity of the electoral rolls, is essential to ensuring inclusive and representative democracy.

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