Who is Qualified as ‘Ordinarily Resident’?

General Studies Paper-2

Context

The Election Commission’s Special Intensive Revision (SIR) of electoral rolls in Bihar has reignited debate over the eligibility of migrant workers as ‘ordinarily resident’ for voter registration.

Who is ‘ordinarily resident’?

• The term “ordinarily resident” is defined and interpreted through the Representation of the People Act, 1950 (RP Act), under Section 19 and Section 20.
• Section 19 of the RP Act requires that a person is ‘ordinarily resident’ in a constituency for inclusion in its electoral roll.
• Section 20 provides the meaning of the term ‘ordinarily resident’.
  • It specifies that mere ownership or possession of a house does not make one ordinarily resident.
  • However a person temporarily absent from their place of residence will still be considered ordinarily resident there.
  • Specific categories of individuals (e.g., armed forces, government officials posted outside India, constitutional office holders) are deemed to be ordinarily resident in their home constituency despite being physically away.
• Registration of Electors Rules, 1960 (RER) framed under the RP Act, governs the procedures for inclusion, exclusion, and corrections in electoral rolls.
  • The rules are executed by Electoral Registration Officers and supervise the application of the term “ordinarily resident.”
• The Gauhati High Court in the Manmohan Singh case (1999), indicated that the term ‘ordinarily resident’ shall mean a habitual resident of that place.
  • It must be permanent in character and not temporary or casual. It must be a place where the person has the intention to dwell permanently.

Challenges for Migrant Workers

• India has a large migrant workforce, especially from poorer regions like Bihar, Uttar Pradesh, Odisha, Jharkhand, and Chhattisgarh.
• The Periodic Labour Force Survey (2020-21) estimates that around 11% of Indians migrate for employment, which amounts to over 15 crore people. Key Issues are;
  • Temporary Nature of Migration: Most labourers migrate for short-term work and live in makeshift homes or worksite camps without permanent addresses.
  • Voter Identity and Registration Gaps: Many migrants fail to register as voters in their place of work due to lack of documentation and mobility.
  • Reluctance to Shift Voter Registration: Migrants have stronger social and economic ties with their home villages or towns. They choose to vote where their families live and their properties exist.
• Disenfranchisement Risk: Removal from rolls in the original constituency, combined with no registration at the new workplace, may leave many completely disenfranchised.

Way Ahead

• Amendments in RP Act and RER: Introduce special provisions for migrant workers, akin to those for service voters and NRIs.
• Allow dual documentation to maintain residence proof in the original place even while temporarily living elsewhere.
• Use of Technology: Use Aadhaar-linked electoral rolls to ensure;
  • One person, one vote (preventing multiple registrations),
  • Seamless transfer of voting rights across locations.
• Alternative Voting Mechanisms: Explore options like Postal ballots for migrants, Mobile polling stations at major work clusters, and Remote voting technologies piloted by the ECI.