Who Qualifies As ‘Ordinary Resident’ For Electoral Rolls?

WHO QUALIFIES AS ‘ORDINARY RESIDENT’ FOR ELECTORAL ROLLS?

Context:

• The Election Commission of India (EC) initiated a Special Intensive Revision (SIR) of electoral rolls in Bihar, rekindling debates surrounding the term ‘ordinarily resident’ for voter registration purposes.
• This term is central to ensuring representative accountability and preventing fraudulent registrations.

WHO IS ORDINARY RESIDENT?

• Legal Basis: The concept is defined in the Representation of the People Act, 1950 (RP Act).
  • Section 19 (RP Act): Requires a person to be ‘ordinarily resident’ in a constituency for inclusion in its electoral roll.
  • Section 20 (RP Act): Provides the meaning:
    • Mere ownership/possession of a dwelling house in a constituency does not make one ‘ordinarily resident’
    • Temporary absence from a place of residence does not negate ‘ordinary residence’.
    • Special Categories (deemed ‘ordinarily resident’ in their original constituency despite posting):
      • Members of armed forces of the Union.
      • Members of armed police force of a State serving outside that State.
      • Persons employed by the Government of India in a post outside India.
      • Persons holding a constitutional office declared by the President (in consultation with EC).
      • Spouses of persons in categories (a) to (d) are also deemed ‘ordinarily resident’ in the same constituency.
  • Section 20A (Added 2010): Enables Non-Resident Indians (NRIs) to register and vote in the constituency corresponding to their passport address, even if they have shifted out of India for long terms.
• Implementation Rules: The Registration of Electors Rules, 1960 (RER), notified by the Central government in consultation with the EC, govern the preparation, inclusion, and exclusion of names in electoral rolls as per the RP Act.

PURPOSE OF ORDINARILY RESIDENT REQUIREMENT

• Representative Accountability: Ensures voters maintain real ties with the constituency, thus preserving the accountability of elected representatives to their constituents.
• Preventing Fraud: Aims to prevent fraudulent registrations and multiple entries.

JUDICIAL INTERPRETATION

• Gauhati High Court (Manmohan Singh case, 1999):
  • Interpreted ‘ordinarily resident’ to mean a habitual resident of a place.
  • This residence must be permanent in character, not temporary or casual.
  • The person must have the intention to dwell permanently in that place.
  • “A reasonable man must accept him/her as a resident of that place.”

POTENTIAL ISSUES: THE CASE OF MIGRANT LABOURERS

• Significant Population: The Periodic Labour Force Survey (2020-21) estimated around 11% of India’s population migrated for employment, equating to nearly 15 crore potential migrant voters.
• Nature of Migration:
  • Some migrations are seasonal.
  • Many construction and security workers live in temporary shacks/residences at work sites, moving frequently.
  • They often return to their original residence (home State) at regular intervals.
• Disenfranchisement Risk:
  • Migrant labourers typically vote where their families live, properties exist, and where they feel a permanent connection, even if their physical presence is not continuous.
  • Strict interpretation of ‘ordinarily resident’ could lead to their removal from original electoral rolls, potentially resulting in disenfranchisement.
  • Most migrant workers are unlikely to register as voters in their temporary place of work, as they lack permanent ties or a desire to vote there.
  • This undermines the democratic process by excluding a large segment of the population.

WAY FORWARD

• Learnings from Special Categories: The RP Act already provides exceptions for service voters, declared office holders, and NRIs to retain their vote in their original constituency despite absence.
• While not perfectly analogous, it offers a precedent for flexibility.
• Rationale for Migrants’ Choice: Most labourers migrate due to lack of local opportunities but maintain strong connections with their original residence, choosing to retain their voting rights there.
• The spirit of ‘ordinarily resident’ (as interpreted by courts) is broadly fulfilled for their home residence.
• Legal Amendments: The RP Act or the RER may be suitably amended to:
  • Preserve the choice of migrant labourers to vote in their original/home constituency.
  • Develop suitable mechanisms, acceptable to all stakeholders, to enable effective participation of migrant labourers in elections.
• Addressing Multiple Registrations: The issue of migrants potentially enrolling more than once in different constituencies should be addressed separately, possibly through Aadhaar seeding, to ensure electoral purity without disenfranchising genuine voters.

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