Understanding 'Ordinarily Resident' for Electoral Rolls in India
The Election Commission of India (EC) has initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar, sparking a debate on the term 'ordinarily resident'. According to the Representation of the People Act, 1950 (RP Act), a person must be 'ordinarily resident' in a constituency to be included in its electoral roll. The Gauhati High Court defined it as a "habitual resident" with the intention to dwell permanently, not temporarily. The article highlights the vulnerability of migrant labourers, who often move for work but maintain ties with their original residence. It suggests that strict interpretation could disenfranchise them and proposes amending the RP Act or RER to preserve their choice of retaining votes in their original constituency.
Key Points
- The term 'ordinarily resident' is crucial for inclusion in India's electoral rolls, as defined by the Representation of the People Act, 1950.
- Judicial interpretations emphasize that 'ordinarily resident' implies habitual and permanent residency, not temporary stays.
- Migrant labourers face challenges, as their temporary work locations conflict with the strict definition, potentially leading to disenfranchisement.
- The article suggests amending electoral laws to allow migrant labourers to retain their voting rights in their original constituencies.
Exam Facts
- Section 19 of the Representation of the People Act, 1950 (RP Act) requires a person to be 'ordinarily resident' for electoral roll inclusion.
- Section 20 of the RP Act defines 'ordinarily resident'.
- The Gauhati High Court in the Manmohan Singh case (1999) defined 'ordinarily resident' as a habitual resident with permanent intention to dwell.
- Section 20A was added in 2010 to enable Non-Resident Indians (NRIs) to register and vote in their passport address constituency.
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