The recently passed Election Laws (Amendment) Bill, 2021 in the Lok Sabha has raised numerous discussions and controversies. This bill seeks to integrate electoral roll data and voter ID cards with the Aadhaar ecosystem, stirring debates over electoral reforms and free and fair elections.
The Aadhaar Ecosystem and the Representation of People’s Act
This bill proposes an amendment to section 23 of the Representation of People’s Act, 1950, which would allow for the linking of the Aadhaar ecosystem with electoral roll data. The intent behind this is to minimize the occurrence of multiple enrolments for one person in different locations. This would help prevent fraudulent voting practices. This idea aligns with the 105th report of the Department Related Parliamentary Standing Committee on Personal, Public Grievances and Law and Justice.
The Problem of Multiple Qualifying Dates
Currently, citizens gain voting rights when they turn 18. However, many are excluded from the electoral rolls despite reaching this milestone. This is due to the system currently only recognizing January 1st as the qualifying date. According to the new bill, four qualifying dates will be established: the first day of January, April, July, and October.
Gender Neutrality and the Electoral System
The language associated with the registration process will be updated so that the phrasing, ‘wives of service voters’ will be replaced with ‘spouse’, making the laws more gender-neutral. Service voters are defined as those serving in the armed forces, state armed police forces when serving outside their state, and government employees working outside India.
Concerns Surrounding the Bill
Despite the intended benefits of the bill, several concerns have been raised. Firstly, Aadhaar itself is not mandatory as per a 2015 Supreme Court judgment, which described the Aadhaar card scheme as purely voluntary. Secondly, there are fears of mass disenfranchisement as the new bill permits electoral registration officers to ask for applicants’ Aadhaar numbers to confirm their identity. This could potentially lead to people being denied their voting rights and have their citizen profile misused. Moreover, without a robust personal data protection law, any motion to allow sharing of data could pose problems.
Privacy Concerns Over Electoral Data
The Election Commission of India (ECI) currently holds electoral data within their own database, maintaining its separate status from other government databases. Yet, the proposed linkage between the Aadhaar and election database will make this data accessible to both the ECI and Unique Identification Authority of India (UIDAI). This has led to concerns about infringement on citizens’ privacy.
Government’s Stand and Way Forward
In response to these concerns, the government reassures that the linking between Aadhaar and the election database will be voluntary. Additionally, they confirm that no one will be denied registration or have their name removed from the electoral roll due to their inability to furnish or mention an Aadhaar number. However, a need for comprehensive legislation and clarification on certain aspects of the bill has been stated. To ensure a fair election process, an error-free electoral roll is crucial, and for that, proper discussions in the Parliament is needed.