Who Is an Ordinarily Resident in India? Legal Meaning and Eligibility
Why in the News?
- In July 2025, the ECI launched a Special Intensive Revision of electoral rolls in Purnia district, Bihar, aimed at purging ineligible names, especially of those not residing in the area.
- This triggered a larger conversation on who qualifies as an ‘ordinarily resident’, particularly in the context of India’s 15 crore internal migrants, many of whom migrate seasonally for work.
- Concerns were raised that strict interpretations could lead to the disenfranchisement of legitimate voters, especially from poor and marginalised communities.
Background: Legal Framework
The Representation of the People Act (RP Act), 1950, and the Registration of Electors Rules (RER), 1960, together govern the inclusion or exclusion of voters in electoral rolls.
Section 19 of the RP Act, 1950
States that a person shall be entitled to be registered as a voter in a constituency if:
- He is not at least 18 years of age on the qualifying date; and
- He is ordinarily resident in that constituency.
Section 20 of the RP Act
Defines the term ‘ordinarily resident’ as follows:
- Mere ownership of a property in a constituency is not sufficient.
- A person temporarily absent from their residence (due to service, travel, etc.) shall still be considered an ordinarily resident.
- Certain categories like armed forces personnel, government servants posted abroad, and persons holding constitutional offices are deemed to be ordinarily resident in the place where they would have been if not for such postings.
Section 20A (added in 2010)
Allows Non-Resident Indians (NRIs) to:
- Register in the electoral rolls based on their passport address.
- Vote in their native constituency, despite long-term residence abroad.
Registration of Electors Rules, 1960
- Provides procedures for inclusion, verification, and deletion of names in electoral rolls.
- Empowers Electoral Registration Officers to make judgments on residence status during roll revisions.
Who Is an ‘Ordinarily Resident’? – Judicial Interpretation
The term is not explicitly defined in the Constitution, which leaves its interpretation to legislation and case law.
Gauhati High Court – Manmohan Singh v. ECI (1999)
The court held:
- ‘Ordinarily resident’ implies habitual and permanent residence.
- The person must intend to dwell permanently, not casually.
- It must be a place where society accepts the individual as a resident.
Key Takeaways:
- Physical presence is not always required, but the intention to return or dwell matters.
- The term should be interpreted liberally, keeping in view the real-life circumstances of mobility, migration, and seasonal employment.
The Issue with Migrant Labourers
India’s internal migration is one of the largest in the world.
- As per the Periodic Labour Force Survey (PLFS) 2020–21, around 11% of Indians migrate due to work-related reasons.
- This translates to over 15 crore potential voters – a significant chunk of the electorate.
Types of Migration:
- Seasonal (e.g., construction workers, sugarcane harvesters)
Circular (returning home during off-seasons or festivals)
Inter-State (from Bihar, Jharkhand, UP to Maharashtra, Delhi, etc.)
Intra-State (rural to urban migration)
Challenges Faced:
- Temporary shelters at work sites make it difficult to establish permanent residence.
- Most migrant workers retain deep familial and emotional ties with their home constituencies.
- Official documentation like Aadhaar or ration cards often lists home addresses, not current ones.
- Workers are reluctant to shift their vote to their temporary place of work.
Impact of Strict Interpretation
Disenfranchisement:
- Exclusion from electoral rolls at home, with no guarantee of registration at the place of work.
- Loss of political agency for a vulnerable group.
Voter Suppression:
- Potential misuse of the ‘ordinary residence’ clause to deliberately disenfranchise certain communities.
Disruption in Electoral Accountability:
- Migrants may lose the chance to vote for representatives in areas where they hold land, property, and family ties.
- Dual Registrations: There is a risk of duplication if names are retained at home and added at the work location, a legitimate concern for the ECI.
Comparative Perspective
Service Voters / Government Officers:
- Even if posted outside India or their home state, they retain their voting rights in the original constituency.
NRIs:
- Granted voting rights under Section 20A, even if they live abroad permanently.
Migrant Labourers:
- Lack a similar enabling clause.
- Often ignored despite being economically and demographically significant.
This exposes the inequity in the legal framework, where elites and officials are given flexibility, but migrant workers are penalised for mobility driven by economic compulsion.
What Can Be Done: The Way Forward
Amend the RP Act and RER:
- Include a specific provision acknowledging seasonal and circular migrants as ‘ordinarily resident’ at their home address.
Aadhaar Seeding with Voter ID:
- Use Aadhaar linkage to eliminate duplicate registrations, while allowing migrants to vote at their home address.
Enable Remote Voting Facilities:
- Use Remote Voting Machines (RVMs), as proposed by the ECI, to allow migrants to vote from wherever they are.
- Alternatively, explore postal ballots or mobile polling booths in labour colonies.
Build Awareness and Ease Transfer:
- Many migrants are unaware of how to change their voter registration.
- ECI should run targeted campaigns and simplify procedures for the voluntary transfer of voter records.
Protect Voter Rights During Roll Revision:
- Electoral Registration Officers must be guided to apply broad, humane interpretations of residence during revision drives.
- Avoid automatic deletions without in-person verification and appeal mechanisms.
National Migrant Voter Policy:
- India needs a comprehensive framework to address the voting rights of migrant workers, akin to service voters or NRIs.
Conclusion
The term ‘ordinarily resident’ may appear technical, but it lies at the heart of a citizen’s constitutional right to vote. For millions of migrant labourers, strict interpretations of this term translate into democratic exclusion, even as they remain economically active and socially rooted in their home constituencies.
In a country where internal migration is a defining reality, the electoral framework must evolve to accommodate and protect the voting rights of mobile populations.
Frequently Asked Questions (FAQ)
Why is this topic in the news?
In July 2025, the Election Commission of India (ECI) initiated a Special Intensive Revision of electoral rolls in Purnia, Bihar, to remove ineligible voters. This raised concerns about the potential disenfranchisement of internal migrant workers, especially seasonal migrants, due to a narrow interpretation of the term “ordinarily resident.”
Where is ‘ordinarily resident’ defined in law?
The term is defined in the Representation of the People Act (RP Act), 1950 and the Registration of Electors Rules (RER), 1960.
- Section 19: A person must be at least 18 years old and ordinarily resident in the constituency to register as a voter.
- Section 20: Clarifies that:
- Owning property does not make one an ordinary resident.
- Temporary absence (for work, education, travel) does not disqualify a person.
- Government employees, diplomats, and constitutional functionaries are deemed residents of their original home.
What about NRIs? Are they considered ordinarily resident?
Yes. Under Section 20A (added in 2010), Non-Resident Indians (NRIs) can register as voters:
- Using their passport address in India.
- They can vote in their native constituencies, even if living abroad permanently.
How has the judiciary interpreted the term ‘ordinarily resident’?
In Manmohan Singh v. ECI (Gauhati High Court, 1999), the court held:
- ‘Ordinary residence’ implies a habitual, intended, and accepted place of stay.
- Temporary absence (due to work, studies, etc.) does not negate ordinary residency.
- What matters is the intention to return and the person’s permanence and acceptance in the community—not just physical presence.
MAINS PRACTICE QUESTION
Question. Critically examine the concept of ‘ordinarily resident’ under the Representation of the People Act, 1950. How does its interpretation impact the electoral rights of migrant workers in India?
