Context:
The Election Commission of India has urged the Union government to amend the Representation of the People Act, 1950, and modify voter registration forms. The proposed changes aim to eliminate the necessity for voters to provide reasons for not linking their Aadhaar number with their voter ID card. The EC suggests removing the “sufficient cause” requirement in the RP Act, 1950 and amending registration forms to include an option for individuals with Aadhaar who opt not to disclose it.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Representation of People Act: Legal Framework for Elections
- Previous Attempts to Link Voter Card and Aadhaar Number: A Chronological Overview
- Broad Reasons in Support of Aadhaar-Voter ID Linkage
Representation of People Act: Legal Framework for Elections
Parliamentary Legislation: Two laws enacted to establish the legal framework for election conduct:
- Representation of the People Act, 1950
- Representation of the People Act, 1951
1950 Act: Key Provisions:
- Seat Allocation and Constituency Delimitation: Addresses the allocation of seats and the delineation of constituencies for elections.
- Voter Qualifications: Defines the qualifications of voters.
- Electoral Rolls: Governs the preparation of electoral rolls.
1951 Act: Conduct of Elections:
- Election Procedures: Regulates the actual conduct of elections and by-elections.
- Offences and Disputes: Addresses offences and disputes related to elections.
- Political Parties: Deals with the registration of political parties.
- Membership Qualifications: Specifies qualifications and disqualifications for membership of the Houses.
Previous Attempts to Link Voter Card and Aadhaar Number: A Chronological Overview
2015 Initiative: National Electoral Roll Purification and Authentication Programme
- Objective:
- Remove bogus or duplicate entries from the electoral roll.
- Outcome:
- Approximately 32 crore Aadhaar numbers seeded.
- Interruption:
- Supreme Court halted the initiative in August 2015 with a landmark privacy judgment in the Puttaswamy case.
- The interim order restricted Aadhaar usage, allowing it only for state-facilitated distribution of food grain and cooking fuel.
2019 Proposal: Revisiting Aadhaar-Voter ID Linkage
- Initiative:
- Election Commission proposed Aadhaar linking with the electoral roll.
- Requested government amendment to election laws for Aadhaar collection.
- Legislative Action:
- Election Laws (Amendment) Bill, 2021 introduced and passed in December 2021.
- Resumption:
- EC restarted Aadhaar collection voluntarily from July 2022.
- Introduction of Form 6B for existing electors to provide Aadhaar details.
Legal Challenge in Supreme Court (2022): Form 6B and Aadhaar Linkage
- Challenges:
- Form 6B offered two options—provide Aadhaar number or declare non-possession, leaving no alternative for those unwilling to link.
- Petition sought amendments allowing individuals to opt out of Aadhaar-Voter ID linkage.
- Response:
- EC committed to making clarificatory changes in September 2022.
- Legal Landscape:
- Ongoing developments to address concerns raised regarding Aadhaar linkage, providing flexibility for individuals opposed to the connection.
Broad Reasons in Support of Aadhaar-Voter ID Linkage
Enhancing Electoral Roll Accuracy:
- Weed out duplication and misrepresentation in electoral rolls.
- Integration of Aadhaar can serve as a robust identity verification mechanism, minimizing the risk of duplicate or false entries.
Implementation of Advanced Voting Mechanisms:
- Facilitate advanced mechanisms like electronic and internet-based voting.
- Aadhaar linkage can streamline the authentication process, enabling secure and technologically advanced voting methods.
Enabling Voting Rights for Domestic Migrants:
- Provide remote voting rights to domestic migrants.
- Aadhaar can serve as a nationally recognized identity document, allowing individuals who have migrated within the country to exercise their voting rights remotely.
Facilitating Proxy Voting with Aadhaar Verification:
- Streamline the proxy voting process.
- Aadhaar-backed verification can enhance the authenticity of proxy voting, ensuring the legitimacy of the representative voter.
-Source: The Hindu
