The Definition of ‘Ordinarily Resident’ in India’s Electoral Rolls

• Requires ‘ordinarily resident’ in a constituency for electoral roll inclusion.

• Section 20 defines ‘ordinarily resident’, not just possession of a dwelling house.

• Temporarily absent persons remain ‘ordinarily resident’.

• Members of armed forces, armed police force of a State serving outside, Government of India in a post outside India, or holding a constitutional office declared by the President in consultation with the EC are ‘ordinarily resident’.

• Section 20A added in 2010 allows non-resident Indians who have shifted out of India to register and vote in the constituency where their address is located.

• Registration of Electors Rules, 1960 governs the preparation and inclusion/exclusion of names in the electoral rolls.

• Issue arises with migrant labourers’ right to shift their vote to their new place of residence.

• RP Act or RER may be amended to preserve migrant labourers’ choice and address issue of multiple enrollment in different constituencies through Adhaar seeding.