Context

• As the Election Commission of India (ECI) nears the completion of its Special Intensive Revision of electoral rolls in Bihar, widespread deletions citing “non-residency” have ignited debate. The issue brings to light systemic flaws in India’s electoral architecture, especially its inability to accommodate internal migration patterns, leading to potential disenfranchisement of millions.

Background

• The Representation of the People Act, 1950 was framed when India had a largely sedentary, rural population.
• It linked voter enrollment to the concept of "ordinary residence", which continues to persist even though internal migration has increased massively.
• India has over 450 million internal migrants (about 37% of the population); Bihar has the highest migration rate with over 36% of households reporting a migrant.

Representation of the People Act, 1950

• Objectives: Establishes the electoral framework for Lok Sabha, State Legislative Assemblies, and Councils.
• Provides for: Allocation of seats  Delimitation of constituencies  
• Preparation of electoral rolls  
• Qualification/disqualification of voters 
• Manner of filling seats  Related Constitutional Articles  
• Article 82: Re-adjustment of Lok Sabha seats after each Census.
• Article 170: Re-adjustment of State Assembly seats after each Census.  Allocation
• Seats (Under 4 Schedules)  First Schedule: Seats for States in Lok Sabha + SC/ST reservations. 
• Second Schedule: Total seats in State Legislative Assemblies.
• Third Schedule: Allocation of seats in State Legislative Councils. 
• Fourth Schedule: Local authorities for Legislative Council elections.

Challenges Highlighted 

• Mass Deletions Due to “Non-residency”: Over 1.2 million names deleted from Bihar's rolls this year. In districts like Gopalganj and Sitamarhi, deletions are as high as 5-7%, disproportionately affecting migrant populations.
• Disenfranchisement of Migrants: Legal distinction between citizenship and residency causes voters who move for work to be excluded. Migrants often find themselves in a liminal space — neither here nor there in electoral terms.
• Procedural Minimalism by ECI: ECI focuses on procedural compliance but fails to address structural exclusions. Electoral roll “clean-up” is being done without adapting to the changing socio-economic landscape.
• Lack of Awareness and Voter Education: Over 60% of Bihar’s voters unaware of the claims/objections process; less than 25% among migrants
• Political Apathy and Opportunism: Parties use disenfranchisement as a mobilisation tactic rather than support voter facilitation.

Way Forward

• Legislative Reform Needed: ECI should advocate for updating the Representation of the People Act to reflect mobility-based voting.
• Pilot Alternative Models: Within current authority, the ECI can test outreach innovations and inclusive enrolment methods in high-migration states. 
• Better Voter Communication: Simplify and publicise the claims/objections process, especially for migrants.
• Shift from Procedural to Substantive Inclusion: Balance roll integrity with inclusiveness, acknowledging that structural justice matters as much as administrative precision.