Enabling Voting Rights for Migrants

General Studies Paper-2

Context

• For millions of internal migrants in India — workers who relocate for livelihood, education, or family — the right to vote remains a pressing concern for participatory governance in the world’s largest democracy.

Voting Rights in India

• Universal Adult Suffrage [Article 326]: Every citizen aged 18 and above, regardless of caste, gender, religion, or economic status, has the right to vote in elections to the Lok Sabha and State Legislative Assemblies.
• This right is administered by the Election Commission of India (ECI) [Art 324], an autonomous constitutional authority responsible for conducting free and fair elections across the country.

Migration and Its Electoral Consequences

• Migrants are those individuals or groups who move from one region to another — either within the country (internal migrants) or across national borders (international migrants) — for reasons such as employment, education, marriage, displacement, or environmental stress.
• According to the Census (2011), India has over 450 million internal migrants.
• As of 2021, over 28.9% of India’s population were migrants, with Bihar being most affected by out-migration. It reached over 600 million by 2023.

Challenges for Migrant Voters

• Low Participation: In the Lok Sabha elections (2024), Bihar’s voter turnout was just 56%, well below the national average of 66%, largely due to migrants being unable to return home to vote.
• Policy Challenge: The Representation of the People Act, 1951 allows voting only at a voter’s place of registration.
  • It excludes those who move frequently or lack the documentation to update their voter details in time.
  • About 99% don’t update to their destination, often due to lacking address proof.
• Distance & Financial Burden: Many internal migrants work hundreds of kilometers away. A worker may lose opportunity cost (travel cost and daily wages), and missing children’s school means they often skip elections.
• Gender & Social Dimensions: Migrant women, especially those who moved after marriage, face added constraints: child care, uncertain housing, safety concerns—all reduce their voting capacity.

Addressing the Problem

• For Intra-State Migrants: Approximately 85% of migrants in India move within their own State. Many of them work in informal jobs and could potentially travel shorter distances to vote if supported with:
  • Enforced statutory holidays on polling day
  • Government-organized transport services
• For Inter-State Migrants:
• Remote Electronic Voting Machines (RVMs): ECI piloted RVMs capable of handling up to 72 constituencies.
  • However, several political parties raised concerns about transparency, voter identification, and administrative feasibility.
• Postal Ballots: Already in use for armed forces, this system could be expanded to cover migrant workers.
  • Requires early registration and logistical coordination for issuing, collecting, and counting ballots.
• Constituency Switching: Suitable for longer-term migrants who can prove at least six months of residence in a new constituency.
  • Empowers migrants to participate in local politics and policy-making.
  • May face social resistance from existing residents but enhances democratic inclusivity.
• Focusing Migrant Women: A large segment of India’s migrant population comprises women who relocate due to marriage.
  • Targeted voter registration drives in their new locations could integrate these women into the political process more effectively.

Global Practices

• Voting Rights for Immigrants:
  • New Zealand: Noncitizens with permanent residency can vote in national elections after just one year of residence.
  • Chile & Ecuador: Allow legally present noncitizens to vote in both local and national elections after five years of residence.
  • Norway: Foreign nationals can vote in local elections after three years of residence.
  • European Union: EU citizens living in another EU country can vote in local and European Parliament elections, though not usually in national elections.
• Voting Rights for Emigrants:
  • Mexico: Citizens abroad can vote in national elections, including via in-person voting at consulates.
  • Italy, Colombia, Dominican Republic: Reserve seats in their national legislatures specifically for citizens living abroad.
  • France & Canada: Offer postal or consular voting for citizens overseas.

Way Forward (Mix Strategy)

• No single mechanism will suffice to ensure electoral inclusion for all migrants. The migrant population is diverse — varying by geography, work type, and tenure of stay—so a combination of approaches is essential:
• RVMs for short-term, inter-State migrants;
• Postal ballots for those in stable but distant employment;
• Constituency switching for long-term migrants;
• Local support measures for intra-State workers;
• A hybrid strategy, tailored to the heterogeneity of migrant profiles, offers the most practical path toward ensuring every Indian—regardless of location—can exercise the right to vote.