Electoral Rights of Migrant Workers: The 'Ordinarily Resident' Dilemma
UPSC Relevance
Prelims: Indian Polity and Governance (Elections, Election Commission of India - ECI, Representation of People’s Act, Fundamental Rights - Article 19).
Mains: GS Paper 2 (Salient features of the Representation of People’s Act; Powers, functions and responsibilities of various Constitutional Bodies like the ECI; Governance issues; Welfare of vulnerable sections of the population).
Key Highlights from the News
Main Problem: In the Special Intensive Revision (SIR) process for voter list updates in Bihar, migrant laborers are being removed from the voter lists at their permanent addresses.
Legal Reason: According to Section 19 of the Representation of the People (RP) Act, 1950, to be enrolled in the voter list, a person must be 'ordinarily resident' in that constituency.
Migrants' Dilemma:
Because they temporarily reside in other places for work, they are considered 'permanently moved' from their native place and removed from the list.
They face practical (lack of necessary documents) and political (opposition from local parties) obstacles to register to vote in their new place of residence.
Fundamental Right: Article 19(1)(e) of the Constitution guarantees the fundamental right to reside and settle in any part of India.
Political Opposition: Some local parties oppose enrolling migrant laborers in their state's voter lists. Their main argument is that these migrants are not aware of the political issues in that state.
Proposed Solutions:
Implement a Remote Voting system. The ECI's concept of a Remote Electronic Voting Machine (RVM) is an example, but it lacked political consensus.
Parliament should take the initiative to amend the RP Act to protect the voting rights of migrant laborers.
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