Enabling voting rights for migrants

Bihar, a State with one of the largest out-migration populations in India, is going to the polls later this year. This time, again a significant proportion of the State’s population will be unable to exercise their franchise.

In the 2024 Lok Sabha elections, voter turnout in Bihar was 56%, significantly lower than the national average of 66%. Since more than half the households in Bihar are exposed to migration in some form, a likely factor to have significantly influenced low voter turnout was the large migrant population, which was unable to return home to vote.

Patterns of migration

In 2021, the overall migration rate in India was 28.9%. A significant portion of migration in India is for marriage, especially among women. Around 10%, however, migrate for work. This number is significantly higher in certain northern and eastern States such as Bihar. With an ever-increasing number of migrants travelling from poorer to richer areas in search of employment, the number of those effectively disenfranchised will only increase, unless mechanisms are put in place to facilitate voting by migrants. In an attempt to solve the issue, public discussions have been held. The Election Commission of India (ECI) put forth a concrete proposal in 2024. But no single mechanism for voting for migrants has been implemented.

Different kinds of policies and mechanisms are needed to enable voting for different kinds of migrants (intra and inter-State migrants). Intra-State migrants (around 85% of migrants) working in the informal sector could be encouraged to travel relatively shorter distances to vote in their original place of residence. However, they would need a measure of support from the government. Stricter enforcement of the statutory holiday on polling day would ensure that these workers are able to travel to vote without loss of wages. Special bus services could also be scheduled on the eve of and on polling day.

Different mechanisms

Inter-State migrants working in the informal sector are a large, growing and vulnerable population and need a different set of voting mechanisms. Three possibilities can be explored for this section. The first is an option designed to cater to the large population of migrants in irregular and low-paying jobs, such as in the construction sector. Workers in these jobs may not have permanent residences with address proofs. In 2023, the ECI showcased a pilot project of remote electronic voting machines (RVMs). Each of these was an EVM modified to cater to up to 72 constituencies. Political parties objected to this project. They said there was ambiguity over its functioning. They also cited issues such as problems in identification of migrants and the Code of Conduct being in place in the constituency where the migrant was residing. The project also appeared to be administratively difficult to implement at scale: when a large State with a large out-migration population goes to the polls, migrants from the State who currently reside across the country would be required to notify the ECI months in advance so that the ECI can make the necessary arrangements on polling day. If the ECI finds that in a given city, there are migrants from all 243 constituencies of Bihar, it would need to set up at least four RVMs across the city. The administrative difficulties would only be compounded during the Lok Sabha elections. As complex and challenging as the RVM proposal seems, it was the first major attempt by the ECI to facilitate voting for migrants. With more consultation and fine-tuning, this system could benefit many.

Another option is postal ballots. This system is already being implemented by the ECI for members of the armed forces. An extension of this model could help many migrants. Here, too, the ECI would require migrants to register with the body well in advance, so the postal ballots can be issued. Operationally, this appears to be the easier form of remote voting to implement. However, the ECI would have to organise registration, issue ballot papers, and despatch these ballots to counting centres after voting — all major administrative efforts.

The last option — switching voting constituencies — is suitable for the longer term for more permanent migrants who can prove their residence in a constituency for at least six months. The argument here is that longer-term migrants of an area would likely be more concerned about the politics and policies of their current place of residence. The ECI should also take extra effort to enrol longer-term migrants of the informal sector in their current place of residence. This will empower them to pressure governments to implement more migrant-friendly policies. While this move may face significant opposition from longer-term residents of the area, it would empower one of the most vulnerable sections of the population.

Separately, as a significant number of migrant populations across the country are women who migrate after marriage, voting drives could also be carried out to enrol these women on the voter lists of their new place of residence.

A mixed approach

Each of these options has its advantages and disadvantages. Enabling voting by migrants is a complex task and is made more complex by the heterogeneity of migrants. Therefore, an approach that uses all these options will enable a significant share of both inter- and intra-State salaried and casual migrants to exercise their right to vote.