The Election Commission of India (ECI), during its Special Intensive Revision (SIR) in Bihar, has reignited discussions on the definition of an ‘Ordinarily Resident’, especially concerning migrant voters.
According to Section 19 of the Representation of the People Act, 1950, a person must be ordinarily resident in a constituency to be listed on its electoral roll. As per Section 20, simply owning a house doesn’t qualify—habitual residence and intent to stay are key.
Key Highlights:
- People temporarily away for work or study are still considered ordinarily resident.
- Armed forces, government employees posted abroad, and constitutional office holders (and their spouses) are covered.
- NRIs can register under Section 20A, using the address in their passport.
Why It Matters:
This provision ensures genuine voter connection, maintains electoral integrity, and prevents fraudulent registrations. The Gauhati High Court (1999) emphasized that there must be clear intention and acceptance of residence.
The update comes amid efforts to balance inclusive voter access with secure electoral rolls in a rapidly evolving migratory landscape.
