Context: The Election Commission of India (ECI) has renewed its push for the linking of AADHAR cards with Voter ID to combat voter fraud and enhance electoral integrity. In this context, let us discuss the merits and demerits of linking Aadhar with voter ID Cards.
In this context, the Election Commission of India (ECI) has in the past recommended the linking of AADHAR cards with Voter ID to combat voter fraud and enhance electoral integrity. Let us discuss the merits and demerits of linking Aadhar with voter ID Cards.
Relevance of the Topic: Mains: Electoral Reforms: Linking Aadhaar with Voter ID.
Background: The initial decision to link Aadhaar with Voter IDs was taken in 2015, key features were.
- It was aimed at removing bogus or duplicate entries from the electoral roll.
- It was a voluntary exercise.
- However, it was stopped after the Supreme Court ruling on August 11, 2015, restricting Aadhaar usage to only 3 government schemes:
- Food grain distribution under PDS (Public Distribution System)
- PMJDY (Pradhan Mantri Jan Dhan Yojana)
- MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act, 2005)
EC's stand post-2018 Judgement:
- In 2018, the Supreme Court upheld the constitutionality of Aadhaar and said the government could restrict the Right to privacy if there is a specific law, and if it is proportional to a state aim. (KS Puttaswami vs Union of India)
- Subsequently, the proposal to link Aadhaar with electoral roll was reintroduced in 2019, ECI requested the government to amend election laws to enable the collection of Aadhaar details.
- To bring this to effect, the government brought Election Laws (Amendment) Bill, 2021, to enable linking of Aadhar with voter IDs.
- ECI amended Form 6 (new voters’ registration) to provide Aadhar details. It also introduced a new form ‘Form 6B’ to collect the Aadhar number of existing Voters.
Merits of Linking Aadhaar with Voter ID
- Elimination of duplicate entries: By linking Aadhaar with Voter ID, the system can effectively eliminate duplicate voter registrations, ensuring that each individual has only one voter ID. This will help maintain the integrity of electoral rolls and reduce the chances of electoral fraud.
- Improved accuracy in voter registration: The linkage allows for better verification of identity, ensuring that voters are registered in the correct electoral constituency. This can enhance the overall accuracy of the electoral rolls.
- Streamlined electoral process: Linking Aadhaar can simplify various electoral processes, making it easier for voters to update their registration details online. This convenience can encourage more citizens to participate in elections.
- Enhanced security measures: The biometric features associated with Aadhaar, such as fingerprints and iris scans, add an additional layer of security against identity theft and fraudulent voting practices.
- Facilitation of government services: Many government services require both Aadhaar and Voter ID for identification purposes. Linking them can streamline access to these services, making it easier for citizens to avail themselves of benefits.
- Assisting reforms: Aadhar linkage could be useful in reforms like remote voting, electronic and internet-based voting etc.
Issues arising in the linking of Aadhaar with Voter ID:
- Aadhaar not a Proof of Citizenship:
- Section 9 of the Aadhaar Act, 2016 explicitly states that Aadhaar is not proof of citizenship but only of residency. UIDAI guidelines allow even non-citizens (residing in India for over 182 days) to obtain Aadhaar.
- Linking such a document with voter ID — which requires Indian citizenship — creates a legal inconsistency and likelihood for non-citizens being included, or citizens being excluded, from electoral rolls.
- Violation of Procedural Fairness:
- In Lal Babu Hussein v. Electoral Registration Officer (1995): The Supreme Court ruled that deletion of a name from the electoral roll must comply with the principles of natural justice, including prior notice and opportunity to be heard.
- Risk of error in data entry or deliberate deletion could lead to genuine voters being disenfranchised, as seen during the National Electoral Roll Purification and Authentication Programme (NERPAP) in 2018. Aadhaar-based deletions, especially those done algorithmically or without due notice shall violate these principles.
- Contravention of Supreme Court’s Aadhaar Verdict:
- In Justice K.S. Puttaswamy v. Union of India (2018), the SC upheld the constitutional validity of Aadhaar but limited its mandatory usage to welfare schemes funded from the Consolidated Fund of India.
- Using Aadhaar for electoral purposes — not linked to welfare disbursement — falls outside the permitted use cases, raising concerns.
- Although the linking is voluntary. Some individuals might feel pressured to link their Aadhaar due to social misinformation or lack of clarity about the implications of not doing so.
- Database Unreliability:
- The CAG Audit Report (2021) on UIDAI found that 4.75 lakh Aadhaar numbers were cancelled due to duplication or faulty biometric capture. UIDAI had no specific criteria to verify whether an applicant had genuinely resided in India for the requisite 182 days.
- Using such an error-prone, unverifiable database for electoral de-duplication is administratively unsound and likely to cause mass wrongful deletions.
- Lack of Inter-Institutional Integrity:
- The Election Commission of India (ECI) is a constitutional body tasked with conducting free and fair elections.
- The UIDAI, in contrast, is a statutory body under executive control. It is bound by government directions under Section 50 of the Aadhaar Act.
- Entrusting UIDAI with access to electoral data risks executive overreach and compromises the independence of the electoral process.
- Privacy and Data Misuse: There are concerns regarding privacy and data security. Given the Digital Personal Data Protection Act, 2023, provides broad exemptions for government entities, there is an increased risk of:
- Voter data being accessed by ruling parties (leading to political microtargeting, misuse of personal information)
- Electoral rolls being manipulated
- Strategic deletions in opposition-dominant areas.
Recommended Alternatives
- Strengthen Traditional Verification Methods: Door-to-door verification by Booth Level Officers (BLOs)., Independent audits of electoral rolls involving neutral agencies and social audits to enhance transparency and prevent manipulation.
- Improve Redressal Mechanisms: Implement citizen-friendly grievance mechanisms that are time-bound, digital, and locally accessible. Ensure notification and hearing before voter deletions.
- Uphold Constitutional Principles: Voting is a constitutional right, not a welfare entitlement. Any policy affecting this right must ensure:
- Proportionality
- Necessity
- Least restrictive means
- Transparency and accountability.
While linking Aadhaar with Voter ID has several benefits like improving electoral integrity and accessibility by eliminating duplication of votes, there are concerns regarding privacy, exclusion, human integrity, impartiality, and objectivity which need to be addressed along with.