Context

• Recently, the Election Commission’s Special Intensive Revision (SIR) in Bihar has sparked discussions on electoral inclusion, particularly for migrant populations, focusing on the balance between electoral roll integrity and inclusive democratic participation.

About Ordinary Resident: Who is it?

• According to Section 19 of the RP Act, only a person who is an ‘ordinarily resident’ in a constituency can be enrolled in its electoral roll.
• Section 20 provides the meaning of the term ‘ordinarily resident’.
  • It specifies that mere ownership or possession of a house does not make one ordinarily resident. 
  • However a person temporarily absent from their place of residence will still be considered ordinarily resident there.
  • Specific categories of individuals (e.g., armed forces, government officials posted outside India, constitutional office holders) are deemed to be ordinarily resident in their home constituency despite being physically away.
• Section 20A (added in 2010) allows Non-Resident Indians (NRIs) to register and vote from the address mentioned in their passport, even if they live abroad for extended periods.
• The Election Commission of India (ECI) is responsible for preparing electoral rolls under the Representation of the People Act, 1950 (RP Act).

Rules Governing Electoral Rolls

• The Registration of Electors Rules, 1960 (RER), framed by the Central Government in consultation with the ECI, govern the:
• Preparation of electoral rolls.
• Inclusion and exclusion of names.
• Process of verification and changes in voter lists.

Challenges for Migrant Workers

• India has a large migrant workforce, especially from poorer regions like Bihar, Uttar Pradesh, Odisha, Jharkhand, and Chhattisgarh. 
• The Periodic Labour Force Survey (2020-21) estimates that around 11% of Indians migrate for employment, which amounts to over 15 crore people. Key Issues are;
• Temporary Nature of Migration: Most labourers migrate for short-term work and live in makeshift homes or worksite camps without permanent addresses.
• Voter Identity and Registration Gaps: Many migrants fail to register as voters in their place of work due to lack of documentation and mobility.
• Reluctance to Shift Voter Registration: Migrants have stronger social and economic ties with their home villages or towns. They choose to vote where their families live and their properties exist.
• Disenfranchisement Risk: Removal from rolls in the original constituency, combined with no registration at the new workplace, may leave many completely disenfranchised.

Way Ahead

• Amendments in RP Act and RER: Introduce special provisions for migrant workers, akin to those for service voters and NRIs.
• Allow dual documentation to maintain residence proof in the original place even while temporarily living elsewhere.
• Use of Technology: Use Aadhaar-linked electoral rolls to ensure;
• One person, one vote (preventing multiple registrations),
• Seamless transfer of voting rights across locations.
• Alternative Voting Mechanisms: Explore options like Postal ballots for migrants, Mobile polling stations at major work clusters, and Remote voting technologies piloted by the ECI.