The topic of linking Aadhaar with the electoral roll has been making headlines across India recently. This has resulted from a recent plea made before the Supreme Court by the Election Commission of India (ECI), which stated that the linking is not mandatory. An electoral roll, overseen by the ECI, lists the eligible voters within specific jurisdictions and is periodically updated.
A Plea Regarding Aadhaar Linkage with the Electoral Roll
The plea was launched by a petitioner who asked the court to instruct the Centre and the ECI to modify the application forms for enrollment and update electoral rolls conforming to changes in the rules applied by the Union of India. The petitioner insisted on verifying Aadhaar number with the electoral rolls no later than April 1, 2023.
The petitioner voiced concerns regarding voter privacy and claimed the current setup compelled voters to submit their Aadhaar numbers without presenting an alternative. The petitioner further argued this practice violated Articles 14 and 21 of the Constitution and could lead to misuse of personal data.
The Supreme Court’s Decision on Aadhaar Submission
The Supreme Court acknowledged that the submission of Aadhaar numbers isn’t mandatory as per Rule 26-B of the Registration of Electors (Amendment) Rules 2022. Rule 26B addresses the provision for supplying Aadhaar numbers by existing electors. It explains that those listed on the roll may disclose their Aadhaar number to the registration officer in Form 6B in accordance with sub-section (5) of Section 23 of the Representation of the People Act, 1950. Form 6B is an informational letter containing a person’s Aadhaar number for the purpose of electoral roll authentication.
The Response of the ECI
In response to the plea, the ECI clarified that the submission of Aadhaar numbers was voluntary. The ECI also expressed intentions to make suitable explanatory modifications to the forms related to the Aadhaar linkage, affirming its voluntary nature. The ECI informed the bench that around 66.23 crore Aadhaar numbers had been uploaded during the process of finalizing electoral rolls.
Introduction to the Election Commission of India (ECI)
The ECI was founded on January 25, 1950, per the Indian Constitution. It operates autonomously and oversees all election processes in India, both at Union and State levels. The secretariat of the commission is located in New Delhi. Apart from managing elections for Lok Sabha, Rajya Sabha, and State Legislative Assemblies, ECI also handles the elections for the offices of the President and Vice President. However, it does not oversee elections to panchayats and municipalities, which is the responsibility of a separate State Election Commission.
The Structure and Working of the ECI
The ECI initially consisted of a single election commissioner. However, it became a multi-member body after the Election Commissioner Amendment Act 1989. Currently, it consists of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs), who possess the same powers and receive similar remuneration as a Supreme Court judge. At the state level, generally an IAS officer acts as the Chief Electoral Officer to aid the ECI in fulfilling its responsibilities.
The Appointment and Tenure of Commissioners
The CEC and Election Commissioners are appointed by the President of India. They typically serve for six years or until they reach 65, whichever comes first. The commissioners can either resign voluntarily or be removed before the end of their term. However, the CEC can only be removed via a process akin to that of a Supreme Court judge’s removal by the Parliament.
Limitations of the Election Commission
The Constitution does not specify the qualifications required for members of the Election Commission, nor does it lay down the term for members. Retiring election commissioners are not barred from receiving further appointments by the government.
