Ordinarily Resident Status

The Special Intensive Revision (SIR) in Bihar, initiated by the Election Commission of India (ECI), has raised important discussions about electoral inclusion and migrant populations.

Who is an ‘Ordinarily Resident’?

According to Section 19 of the Representation of the People Act (RP Act), only a person who is an ‘ordinarily resident’ in a constituency can be enrolled in its electoral roll. This is a key principle to maintain the integrity and accuracy of electoral rolls.

Understanding ‘Ordinarily Resident’:

• Section 20 of the RP Act defines an ‘ordinarily resident’. It makes it clear that owning or possessing a house in a constituency doesn’t automatically qualify someone as an ordinarily resident.

• A person who is temporarily absent from their regular residence (e.g., for work or travel) is still considered an ordinarily resident in the location where they have their habitual and permanent residence.

Categories of People Considered ‘Ordinarily Resident’:

1. Armed Forces Personnel: Those serving in the armed forces, even if posted outside the state, are considered ordinarily residents of their home constituency.

2. Members of State Armed Police: Similarly, those serving outside their home state are considered ordinarily residents in their original constituency.

3. Central Government Employees: Employees working abroad for the Central Government are considered ordinarily residents of their original constituency.

4. Constitutional Office Holders: Persons holding a constitutional office, as declared by the President in consultation with the Election Commission, and their spouses, are also considered ordinarily residents.

Non-Resident Indians (NRIs) and Voting Rights:

• Section 20A of the RP Act (introduced in 2010) allows Non-Resident Indians (NRIs) to register and vote from the address listed in their passport, even if they live abroad for extended periods. This ensures that NRIs can still participate in the democratic process.

Rules Governing Electoral Rolls:

• Registration of Electors Rules, 1960 (RER): These rules govern the preparation of electoral rolls and the inclusion and exclusion of names. The ECI oversees this process to ensure that only eligible voters are included, and the electoral roll remains accurate.

Why the ‘Ordinarily Resident’ Status Matters:

1. Ensuring Genuine Connection: The ‘ordinarily resident’ requirement ensures that voters have a genuine and habitual connection with the constituency where they are voting. This is crucial for the authenticity of the electoral process.

2. Maintaining Electoral Integrity: It helps in maintaining electoral integrity, minimizing fraudulent registrations, and ensuring that only those with a true connection to a constituency are eligible to vote.

3. Accountability in Representation: By ensuring that voters are genuinely connected to a constituency, this system enhances accountability in the electoral system.

Court Ruling on ‘Ordinarily Resident’ Status:

• In the Gauhati High Court (1999, Manmohan Singh Case), it was ruled that:

  • A person must be a habitual and permanent resident of a constituency.

  • There must be an intention to dwell in that place.

  • A reasonable person should be able to accept the individual as a resident of the constituency.

Conclusion:

The ‘ordinarily resident’ status is a key concept in determining voter eligibility in India. It ensures that only those with a genuine, habitual connection to a constituency can participate in its electoral process.