Understanding Ordinary Residency for Voter Eligibility in India

Navigating the rules around voter eligibility can be confusing, especially regarding “ordinary residency.” This article aims to clarify the concept of ordinary residency for voting in India and its implications for various groups, including migrant workers and non-resident Indians (NRIs).

What Does ‘Ordinarily Resident’ Mean?

Section 20 of the Representation of the People Act, 1950, lays the foundation for determining who qualifies as ‘ordinarily resident’. This crucial piece of legislation defines where an individual is considered to be habitually and normally residing. However, its interpretation can be complex, leading to challenges, particularly for mobile populations.

Challenges for Migrant Workers

Migrant workers often face difficulties in establishing ordinary residency due to their frequent movement for employment. This can disenfranchise them, making it harder to exercise their right to vote in the constituency where they currently live and work.

NRI Voting Rights

Another common question revolves around NRI voting rights. Can NRIs vote in Indian elections? The Registration of Electors Rules, 1960, provides guidance on this. Currently, NRIs who hold Indian citizenship are permitted to vote in their designated constituency in India, but they must be physically present to cast their ballot.

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