Voter ID and Aadhaar Linking Controversy in Delhi

The recent Delhi Assembly elections have sparked a fierce debate between the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) over the manipulation of electoral rolls. This conflict has reignited discussions about the proposal to link voter IDs, specifically the Election Photo Identity Card (EPIC), with Aadhaar numbers. The history of this proposal is complex and involves various legal and administrative developments.

Background of the Proposal

In February 2015, the Election Commission (EC) initiated the National Electoral Rolls Purification and Authentication Program (NERPAP). This program aimed to eliminate duplicate entries in the electoral roll. The EC attempted to authenticate EPIC data by linking it with the Aadhaar database. Within three months, over 300 million voters were linked.

Supreme Court Intervention

In August 2015, the Supreme Court issued an interim order stating that Aadhaar should only be mandatory for welfare schemes and PAN linking. Consequently, the NERPAP exercise was halted. The landmark Puttaswamy judgment in September 2018 reaffirmed the constitutional validity of the Aadhaar Act, prompting the EC to seek amendments to the Representation of the People Act, 1950.

Amendments to Electoral Laws

In December 2021, Parliament amended the Representation of the People Act, 1950, and The Registration of Electors Rules, 1960. These amendments allowed for the linking of EPIC with Aadhaar. Voters can submit their Aadhaar information during registration, but the amendments were designed to be voluntary. The wording of the amendments ensures that no voter can be denied entry into the electoral roll for failing to provide their Aadhaar number.

Current Legal Status

As of September 2023, the EC clarified in the Supreme Court that providing an Aadhaar number is not mandatory. However, the forms used for electoral registration have not been updated to reflect this clarification. They still require voters to declare their Aadhaar status, potentially leading to confusion.

Pros and Cons of Linking

Linking EPIC with Aadhaar could reduce duplicate entries on electoral rolls. Over 650 million Aadhaar numbers have been uploaded in this process. However, concerns remain. Errors in the Aadhaar database could lead to wrongful rejection of voters. Furthermore, Aadhaar serves as proof of residence, not citizenship, which does not address the issue of non-citizen voters. Additionally, while the linkage is intended to be secure, the potential for misuse exists, as electoral rolls are accessible to political parties.

Way Forward

Voting is a constitutional right essential to free and fair elections. The EC must prioritise public confidence in the electoral process. It is crucial to promote the benefits of linking EPIC and Aadhaar to eliminate duplicates. Addressing voter concerns regarding privacy and ensuring that forms reflect the non-mandatory nature of Aadhaar submission are vital steps moving forward.

Questions for UPSC:

1. Discuss the implications of linking voter IDs with Aadhaar on electoral integrity.
2. Critically examine the role of the Supreme Court in shaping the discourse around Aadhaar and electoral processes.
3. Explain the significance of the Representation of the People Act, 1950 in the context of electoral reforms.
4. Comment on the potential impact of technology on the electoral process in India, considering both advantages and challenges.

Answer Hints:

1. Discuss the implications of linking voter IDs with Aadhaar on electoral integrity.

1. Linking can reduce duplicate entries, enhancing the accuracy of electoral rolls.
2. Potential for wrongful rejection due to errors in the Aadhaar database raises concerns about fairness.
3. Aadhaar is proof of residence, not citizenship, which does not address non-citizen voters.
4. The linkage could lead to privacy concerns, as electoral rolls are accessible to political parties.
5. Public confidence in electoral processes must be maintained to ensure legitimacy and trust in elections.

2. Critically examine the role of the Supreme Court in shaping the discourse around Aadhaar and electoral processes.

1. The Supreme Court’s interim order in 2015 limited Aadhaar’s use to welfare schemes, impacting NERPAP.
2. In 2018, the Puttaswamy judgment upheld the Aadhaar Act’s constitutional validity, influencing electoral laws.
3. Recent clarifications from the Court emphasize that providing Aadhaar is not mandatory for electoral registration.
4. The Court’s rulings reflect the balance between technological advancements and individual rights.
5. Judicial oversight is crucial in ensuring that electoral reforms respect constitutional rights and privacy.

3. Explain the significance of the Representation of the People Act, 1950 in the context of electoral reforms.

1. The Act establishes the framework for the conduct of elections in India, ensuring democratic processes.
2. Amendments to the Act facilitate the linking of EPIC with Aadhaar, aiming to improve electoral roll accuracy.
3. It ensures that no voter can be denied registration based on Aadhaar submission, promoting inclusivity.
4. The Act is fundamental in defining the rights and responsibilities of voters and electoral authorities.
5. It reflects the evolution of electoral laws to adapt to technological advancements and societal needs.

4. Comment on the potential impact of technology on the electoral process in India, considering both advantages and challenges.

1. Technology can enhance efficiency in voter registration and electoral management, reducing manual errors.
2. It enables real-time data analysis, improving decision-making and transparency in elections.
3. However, reliance on technology raises concerns about data security and voter privacy.
4. Digital divides may disenfranchise marginalized populations lacking access to technology.
5. Ensuring robust cybersecurity measures is essential to protect electoral integrity and public trust.