July 14, 2025
Why in News? The Election Commission of India (EC) has initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar. This has kindled the debate around the term ‘ordinarily resident’ for the purpose of being included in the electoral rolls of a constituency.
Who is ‘ordinarily resident’?
The electoral rolls are prepared by the EC as per the provisions of the Representation of the People Act, 1950 (RP Act).
Section 19 of the RP Act requires that a person is ‘ordinarily resident’ in a constituency for inclusion in its electoral roll.
Section 20 provides the meaning of the term ‘ordinarily resident’. It specifies that a person shall not be deemed to be ‘ordinarily resident’ in a constituency only because he/she owns or possesses a dwelling house therein. However, a person temporarily absent from his/her place of residence shall continue to be ‘ordinarily resident’ therein.
Persons who are (a) members of armed forces of the Union, (b) armed police force of a State serving outside that State, (c) employed by the Government of India in a post outside India or (d) holding a constitutional office declared by the President in consultation with the EC are considered, along with their spouse, to be ‘ordinarily resident’ in the constituency where they would have been ‘ordinarily resident’ but for such posting.
Section 20A was added in 2010 to enable non-resident Indians who have shifted out of India, even for long term, to register and vote in the constituency in which their address as per passport is located.
The Registration of Electors Rules, 1960 (RER), notified by the Central government in consultation with the EC, governs the preparation of, and inclusion/exclusion of names in the electoral rolls as per the provisions of the RP Act.
What are potential issues?
The requirement of being ‘ordinarily resident’ for inclusion in the electoral roll of a constituency is to ensure that the voter maintains real ties with the constituency that preserves representative accountability. It is also aimed at preventing fraudulent registrations.
The Gauhati High Court in the Manmohan Singh case (1999), indicated that the term ‘ordinarily resident’ shall mean a habitual resident of that place. It must be permanent in character and not temporary or casual. It must be a place where the person has the intention to dwell permanently. A reasonable man must accept him/her as a resident of that place.
What can be the way forward?
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