Understanding ‘Ordinarily Resident’ in Electoral Rolls
Why in the News?
The Election Commission’s Special Intensive Revision of Bihar’s electoral rolls has revived debates on the meaning of ‘ordinarily resident’ under Section 20 of the Representation of the People Act, 1950, crucial for voter registration and inclusion in electoral rolls. This process, which includes both annual revision and ordinary revision of electoral lists, is essential for maintaining up-to-date voter records and ensuring the participation of all eligible citizens, including those from marginalised communities, scheduled tribes, and backward classes.
Issues Faced by Migrant Workers:
● Migrant labourers (about 11% of India’s population) often move seasonally or temporarily for work, causing confusion over their ordinary residence.
● They usually maintain strong ties with their home constituencies where families and properties exist.
● Courts (notably the Gauhati High Court, Manmohan Singh case, 1999) interpret ordinary residence as habitual, permanent residence with intent to dwell.
● Strict interpretation risks disenfranchising migrants if they lose their vote in their home constituency but do not register in temporary locations, potentially affecting their right to adult suffrage.
Electoral Inclusion:
● The RP Act allows service voters, constitutional office holders, and NRIs to retain their votes despite absence.
● Similar provisions or amendments could be introduced for migrant labourers to protect their electoral rights and ensure representation of marginalised communities and scheduled tribes.
● Mechanisms ensuring migrants’ participation without duplicate registrations—possibly through Aadhaar linkage and computerization of electoral rolls using information technology—should be explored.
● Balancing representative accountability with migrant inclusion is essential to preserve democratic integrity and uphold constitutional provisions related to voting rights. Some politicians, like Manoj Jha, have advocated for better representation of migrant workers in the electoral process.
● Political parties and election officials must work together to implement robust security arrangements and online registration systems to facilitate easier voter enrollment while maintaining electoral integrity. This includes the involvement of micro observers, assistant returning officers, and expenditure observers to ensure fair and transparent elections.
● Discussions around proportional representation systems have also emerged as a potential solution to ensure better representation of all segments of society, including migrant workers and marginalized communities.
● Maintaining law and order during elections is crucial for ensuring free and fair voting, especially in areas with large migrant populations.
About ‘Ordinarily Resident’ in Electoral Rolls:
● Section 19 of the Representation of the People Act (RP Act), 1950 mandates that a person must be ‘ordinarily resident’ in a constituency to be included in its electoral roll.
● Section 20 clarifies that ownership of property alone does not confer ordinary residence.
● Temporary absence from residence does not affect ordinary residency status.
● Certain groups—armed forces personnel, those employed abroad by the government, and constitutional office holders—are deemed ordinarily resident where they would have been otherwise.
● Section 20A (added in 2010) allows Non-Resident Indians (NRIs) to register and vote in their home constituencies based on passport address.
● The Registration of Electors Rules, 1960 govern electoral roll preparation as per the RP Act, ensuring that the principles of adult suffrage are upheld for all citizens, including those from backward classes.
● For voter registration, citizens are often required to provide proof of residence and identity, which may include documents such as driving licences and birth certificates.