Linking Voter ID with Aadhaar

Linking Voter ID with Aadhaar

Sub: Polity

Sec : Msc

Context: -The Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) have accused each other of manipulating electoral rolls before the Delhi Assembly elections. This has reignited the debate about linking voter IDs/Election Photo Identity Card (EPIC) with respective Aadhaar numbers.

Background

• NERPAP Initiative (2015): The Election Commission (EC) launched the National Electoral Rolls Purification and Authentication Program (NERPAP) to eliminate duplicate entries in the electoral rolls by linking the Election Photo Identity Card (EPIC) with Aadhaar.
• Supreme Court Intervention (2015): The Court’s interim order limited Aadhaar usage to welfare schemes and PAN linking, halting NERPAP.
• Puttaswamy Case (2018): Upheld the constitutional validity of the Aadhaar Act, 2016, emphasizing the right to privacy as a fundamental right under Article 21. This judgment laid the groundwork for Aadhaar’s lawful use, subject to restrictions.

Supreme Court’s Mandate

• Restricted Aadhaar use to purposes explicitly mentioned in the Aadhaar Act.
• Mandated safeguards against exclusion and privacy violations.
• Asserted that Aadhaar usage must pass the test of proportionality to ensure it does not infringe fundamental rights.

Legislative Amendments

• Representation of the People Act, 1950 & Registration of Electors Rules, 1960: Amended in December 2021 to allow the linking of Aadhaar with voter ID.
• Forms Introduced:
  • Form 6: Aadhaar submission by new voters during registration.
  • Form 6B: Aadhaar submission by existing voters for authentication.
•  Voluntary Nature: The amendments used the word “may,” ensuring that Aadhaar submission is optional. Alternate documents like PAN card, passport, and driving license can substitute Aadhaar if unavailable.
• No Denial Clause: As per the amendments, no application for inclusion in the electoral roll can be denied, nor any existing entry deleted, if Aadhaar cannot be provided due to a “sufficient cause.” This ensures compliance with Article 14 (Right to Equality).

Legal Challenges

• Challenge in the Supreme Court: Concerns were raised about privacy and potential voter exclusion under Articles 14 (Equality before law), 19 (Freedom of expression, including voting rights), and 21 (Right to privacy).
• EC’s Statement (2023): Clarified that Aadhaar submission is not mandatory. However, forms continue to request Aadhaar details unless explicitly declared unavailable.

Summary of Constitutional Articles Involved

• Article 21: Right to privacy, as highlighted in the Puttaswamy case, restricting Aadhaar use to legitimate and proportionate purposes.
• Article 14: Ensures equality before the law, preventing discrimination in voter inclusion due to Aadhaar.
• Article 324: Empowers the Election Commission to ensure free and fair elections, justifying measures to eliminate voter fraud.
• Article 19(1)(a): Protects freedom of expression, which includes the right to vote.