Migrant workers face electoral dilemma: 'Ordinarily Resident' status and voting rights
The article discusses the predicament of Bihar migrant workers whose names are being dropped from electoral rolls during the Election Commission of India's (ECI) Special Intensive Revision (SIR). The RP Act, 1950, requires a person to be 'ordinarily resident' in a constituency to be included in its electoral roll. Many migrants, who often return to their home states to vote, are classified as 'permanently shifted/not found'. The Gauhati High Court defined 'ordinarily resident' as a habitual, permanent resident. The issue is complex due to political concerns in in-migration states and practical challenges for migrants to register in new locations or travel back to vote. Parliament should consider amendments to the RP Act to preserve migrant labourers' choice of voting place.
Key Points
- Migrant workers in Bihar are being removed from electoral rolls due to the 'ordinarily resident' requirement during ECI's Special Intensive Revision (SIR).
- The Representation of the People (RP) Act, 1950, mandates 'ordinarily resident' status for inclusion in electoral rolls, which is problematic for transient migrant populations.
- The Gauhati High Court defined 'ordinarily resident' as a habitual and permanent resident, which aligns with the philosophy for migrant workers' original residence.
- Political parties in in-migration states object to including migrants in their electoral rolls, fearing vitiation of the democratic process.
- Solutions include ensuring statutory holidays, special transportation, remote voting technologies (like RVM), and parliamentary amendments to the RP Act.
Exam Facts
- Section 19 of the RP Act, 1950, requires a person to be 'ordinarily resident' for inclusion in electoral rolls.
- Section 20A was added in 2010 to enable Non-Resident Indians (NRIs) to register and vote.
- The Periodic Labour Force Survey of 2020-21 estimated around 11% of India's population migrated for employment.
- The Gauhati High Court in Election Commission Of India & Anr vs Dr. Manmohan Singh & Ors (1999) defined 'ordinarily resident'.
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