Migrants Right to Vote

Context: Pandemic induced migrant crisis has exposed the plight of migrant class in terms of their exclusion from the universal adult franchise system of India.

India’s Universal Adult Franchise System

• Unlike the USA, India moved from a restrictive 15% voting rights to the universal adult franchise (Article 326).

• Exclusion of elitist notions of qualifications, such as property ownership for exercising voting rights.

Arguments for Strengthening Voting Rights for the Migrants.

• A huge part of Population: can be categorized as migrants
• Internal migrants i.e. 450 million as per the 2011 census. 
• Dominance of inter-district migration (26%): over the inter-state migration (12 %).   
• Short-term and circular migration: 60-65 million.
• Mostly from poverty-driven rural areas and marginalized sections (SC/STs and OBCs, and other minorities, including Muslims). 
• Fundamental Right of Freedom of Expression: as interpreted by the Supreme Court’.

• The Constitutional obligation of the Election Commission of India: to ensure a secure system of postal ballots for migrant workers.
• ECI under Section 60(c) of RPA can notify a certain class of persons to vote via postal ballot. 
• More than 28 lakh votes: via postal ballots (2019 Lok Sabha elections).

The Reasons behind Disenfranchised Migrant Labour

• Migrant labourers are mostly uneducated: and lack assets including land. 

• Economic constraints: disable them from voting as they cannot, amidst harsh work cycles. 
• 48% voted in the 2009 Lok Sabha elections, against the national average of 59.7%.
• Lowest voter turnout rates in source migrant states at 57.33% (UP) and 59.21% (Bihar).
• Unable to transfer their constituency: in the host state, to obtain voter cards.
• Not eligible to be an “ordinary resident” in host cities under RPA.
• Only 10% possessed voter IDs in their host cities.
• 78% possessed voter ID cards of their home cities.