News: The Election Commission of India (EC) has initiated a Special Intensive Revision (SIR) of the electoral rolls in Bihar, kindling the debate around the term ‘ordinarily resident’.
‘Ordinarily Resident’ in Electoral Rolls in India
- Section 19 of the Representation of the People Act (RP Act), 1950 mandates that a person must be ‘ordinarily resident’ in a constituency to be included in its electoral roll.
- Section 20 of the RP Act defines the term ‘ordinarily resident’.
- Definition: A person is said to be ordinarily resident in a place if he uses that place for sleeping. He need not be eating in that place and may be eating from a place outside.
- This Section clarifies that ownership of property alone does not confer ordinary residence.
- Temporary absence from residence does not affect ordinary residency status.
- Special categories: Certain groups—armed forces personnel, those employed abroad by the government and constitutional office holders—are deemed ordinarily resident where they would have been otherwise.
- Persons in jail, legal custody, or certain institutions are not considered ordinarily resident at those locations.
- Section 20A (added in 2010) allows Non-Resident Indians (NRIs) to register and vote in their home constituencies based on passport address.
- Judicial precedent: In Manmohan Singh case, 1999; the Gauhati High Court has interpreted ordinary residence as habitual, permanent residence with intent to dwell.
