The Election Commission’s Special Intensive Revision (SIR) of Bihar’s electoral rolls has led to the exclusion of many migrant workers, raising concerns over their voting rights and the interpretation of the term ‘ordinarily resident’.

Legal Framework and Interpretation

• Electoral Roll and RP Act Provisions: Under Section 19 of the Representation of the People Act, 1950, a person must be an “ordinarily resident” in a constituency to be included in its electoral roll. This ensures real and legal connections to the area to promote representative accountability.
• Definition of 'Ordinarily Resident': Section 20 clarifies that mere ownership of property is not sufficient. Temporary absence does not affect residential status. Court interpretations (e.g., Gauhati High Court in ECI v. Manmohan Singh, 1999) require habitual, permanent, and intention-based residence.
• Non-Resident Indians (NRIs): Section 20A, added in 2010, allows NRIs to vote in the constituency mentioned in their passport, acknowledging long-term absence while preserving voting rights.

Electoral Challenges for Migrant Labour

• High Migrant Population:According to PLFS 2020–21, nearly 11% of India's population migrates for employment, which includes around 15 crore potential voters, many of whom are seasonal or circular migrants.
• Disenfranchisement via Electoral Revision: During SIR, the ECI categorized those absent or unresponsive as “permanently shifted/not found” and removed them from rolls. This disproportionately affects mobile workers who return periodically to their native places.
• Legal Status vs. Ground Realities:While migrants are eligible to shift their registration, they often lack acceptable documentation or face objections in host States. Legal provisions alone do not address administrative and political resistance.

Political Concerns and the Way Forward

• Political Opposition in Host States: Regional parties in in-migration States argue against migrant inclusion, citing their lack of rootedness and understanding of local political contexts, potentially creating voter suppression through regionalism.
• Technological and Logistical Interventions: ECI’s Remote Electronic Voting Machine (RVM) pilot for 72 constituencies faced delays due to political and administrative pushback. Better technology and inclusive systems are still needed.
• Legislative and Administrative Reforms: Parliament may consider amending the RP Act to affirm migrant voting rights. Interim steps such as paid leave, special trains, and polling day holidays could enhance migrant voter participation.

Practice Question:

"Discuss the legal and administrative challenges faced by migrant workers in exercising their voting rights in India. Suggest institutional reforms to enhance their electoral participation."  (250 words)