Voting Rights for Internal Migrants in India

• Universal Adult Suffrage (Article 326 of the Indian Constitution) ensures that every citizen aged 18 and above has the right to vote in Lok Sabha (Parliament) and State Legislative Assembly elections. This is irrespective of caste, gender, religion, or economic status.

• The Election Commission of India (ECI), an autonomous constitutional body (Article 324), is responsible for ensuring free and fair elections.

The Migration Context

• Internal migration in India is massive. As per the 2011 Census, there are over 450 million internal migrants, and by 2023, this number crossed 600 million.

• Internal migrants move within the country for various reasons, including employment, education, marriage, and displacement due to natural disasters or economic factors. They form a significant portion of India's workforce, especially in urban centers and industrial hubs.

• Migration is also concentrated in specific states like Bihar, which experiences significant out-migration.

Challenges Faced by Migrant Voters

1. Low Voter Participation:

   • In the 2024 Lok Sabha elections, Bihar's voter turnout was just 56%, much lower than the national average of 66%, largely due to migrants being unable to return home to vote. Migrants often miss elections due to geographical distance and financial constraints.

2. Legal and Administrative Barriers:

   • Under the Representation of the People Act, 1951, a person can only vote at their registered polling station, which is typically their place of origin.

   • Migrants often do not update their voter registration details at their new locations, either due to lack of address proof or frequent movement. Around 99% of migrants fail to update their voter registration.

3. Distance and Financial Burden:

   • Migrants working hundreds of kilometers away face high travel costs, lost wages, and disruption to family life (such as children missing school), making it difficult for them to return to vote.

4. Gender-Specific Constraints:

   • Migrant women, particularly those who move after marriage, face additional barriers like child care responsibilities, uncertain housing, and safety concerns, which limit their ability to vote.

Potential Solutions and Measures

For Intra-State Migrants (85% of Migrants in India)

1. Statutory Holidays:

   • Enforcing polling day holidays in state-specific sectors could allow migrant workers to take time off from work and travel to vote.

2. Government-Organized Transport:

   • The government could arrange transport services for migrant workers, enabling them to travel at no cost or minimal cost to their hometowns on voting day.

For Inter-State Migrants (Long-Distance Migrants)

1. Remote Electronic Voting Machines (RVMs):

   • ECI has piloted Remote Electronic Voting Machines (RVMs) capable of managing elections across multiple constituencies. This would allow migrants to vote remotely from their current location.

   • However, concerns about voter identification, security, and transparency from some political parties need to be addressed before full-scale implementation.

2. Postal Ballots:

   • Postal ballots are already used for the armed forces and could be expanded to include migrant workers. However, logistical issues like early registration, ballot issuance, and counting must be streamlined for efficiency.

3. Constituency Switching:

   • Migrants who have lived in a new location for at least six months could switch constituencies, allowing them to vote in local elections.

   • This could improve political inclusivity, though social resistance from long-term residents might arise.

Focusing on Migrant Women

• A large portion of migrants are women, particularly those who relocate after marriage. Targeted voter registration drives in their new communities could help integrate them into the political process, ensuring they are registered and empowered to vote.

Global Best Practices

Voting Rights for Immigrants:

1. New Zealand: Non-citizens with permanent residency can vote in national elections after just one year of residency.

2. Chile & Ecuador: Allow non-citizens with legal residency to vote in both local and national elections after five years of residence.

3. Norway: Foreign nationals can vote in local elections after just three years of residence.

4. European Union: EU citizens living in another EU country can vote in local and European Parliament elections, but not usually in national elections.

Voting Rights for Emigrants:

1. Mexico: Citizens abroad can vote in national elections, even via in-person voting at consulates.

2. Italy, Colombia, Dominican Republic: Reserve seats in their national legislatures specifically for citizens abroad.

3. France & Canada: Offer postal or consular voting for citizens living abroad.

The Way Forward

Given the diverse nature of migrant populations in India , varying by geography, work type, and tenure of stay a one-size-fits-all solution is unlikely to be effective. Instead, a combination of approaches should be considered:

1. RVMs for short-term, inter-State migrants: Technology can bridge the gap for migrants in far-off states, enabling them to vote remotely.

2. Postal ballots for those in stable, long-term employment away from their home constituencies.

3. Constituency switching for long-term migrants who can demonstrate residence for at least six months.

4. Local support measures for intra-state migrants to assist in accessing voting facilities, such as organized transport or enforced holidays.

5. Targeted voter registration drives for migrant women to ensure their political inclusion.

A hybrid strategy that caters to the heterogeneity of India's migrant population would be the most practical path toward ensuring that every Indian regardless of their location can fully participate in the democratic process and exercise their right to vote.