The Disenfranchisement of Migrant Voters in India

• The Representation of the People Act, 1950 defines ‘ordinarily resident’ to prevent fraudulent registrations.

• Non-Resident Indians can register and vote in their new constituency.

• Article 19(1)(e) of the Constitution guarantees citizens a fundamental right to reside and settle in India.

• Migrant labourers, around 11% of India’s population, face this issue.

• The Gauhati High Court defines ‘ordinarily resident’ as a habitual resident with the intention of permanently dwelling there.

• Regional political parties in in-migration states are raising issues about migrant inclusion in electoral roll.

• Strict enforcement of statutory holidays and special buses can increase migrant participation.

• The ECI has developed a Multi-Constituency Remote Electronic Voting Machine for inter-State migrant voters.