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AADHAR VOTER CARD LINKAGE
Context:
• The Lok Sabha has passed the Election Laws (Amendment) Bill, 2021, which
aims to integrate electoral register data and voter ID cards to the Aadhaar
ecosystem.
• The measure aims to eliminate electoral roll duplication and give voters with
several qualifying dates. This bill, on the other hand, has numerous flaws.
• On the same day it was introduced, the bill was passed by the Lok Sabha.
• It not only undermines the fundamental assumption of a Parliamentary
democracy, but it also denies elected representatives the right to express
their concerns about a particular problem.
• For the genuine meaning of parliamentary democracy to be preserved, better
parliamentary inspection and the protection of elected representatives' rights
are required. Even the progressive features of difficult legislation can be
undone by a refusal to allow serious debate and encourage wider feedback.
Important Characteristics about the Election Laws (Amendment) Bill of 2021:
• It proposes amending Section 23 of the Representation of Peoples Act, 1950,
to allow for the integration of electoral register data with the Aadhaar
ecosystem.
• This is intended to reduce the risk of the same person being enrolled in
several places.
• 'Wives of service voters' shall now be referred to as 'spouses of service
voters.'
• The law proposes four qualifying dates (the first day of each month - January,
April, July, and October) for updating the voter rolls to include people who
have turned 18, rather than the previous one (1st January).
Significance:
• Remote voting will be possible thanks to the seeding of Aadhar data with
voter identities, which could benefit migrant voters.
• The connection of Aadhar cards is thought to help prevent spurious and
fraudulent voting.
• The legislation will become more "gender-neutral" by changing the phrase
from "wife" to "spouse."
Issues Associated:
2. • The Government Has the Last Word: In the event that an individual is "unable"
to provide their Aadhaar, the Central government has the last word on the
terms under which they will be allowed to enter or remain on the electoral
rolls.
• This means that the federal government will determine what grounds are
acceptable for a voter to remain on the electoral record.
Burden Shifting: Rather than the government proactively assuring registration on the
electoral rolls in order to achieve universal adult franchise, the burden now falls on
individuals who may be unable or unwilling to link their Aadhaar to justify their
continued inclusion on the rolls.
• Furthermore, it will result in the removal of individuals from voter rolls without
any process safeguards, as the law currently does not provide for a right to a
hearing prior to such removal.
Concerns about privacy: Electoral data is now stored in its own database by the
Election Commission of India (ECI), which is separate from other government
databases.
• The proposed Aadhaar-election database link will make the information
available to the ECI and UIDAI. Citizens' privacy may be violated as a result of
this.
• Legitimate voters will be disenfranchised simply because they refuse or are
unable to give their Aadhaar details.
Beneficiary Voter Identification: The amendment will lead to political profiling. The
government can follow any voter who has used their Aadhaar to get welfare subsidies
and benefits far more easily now that electoral IDs are linked to Aadhaar numbers.
• Political parties can use this information to focus their messages to specific
voters in a way that isn't publicly available.
A Path Forward:
Reforms in Legislative Procedures: Before enacting any new provisions, the government
must seek public input and allow for more thorough parliamentary review.
• In a Parliamentary democracy like India, it is critical that not only ordinary
individuals, but also elected representatives, are not denied of their rights and
possibilities.
• To discover and eliminate the problems that a proposed bill may raise, a
productive debate raising the concerns as well as the relevance of the
proposed measure is required.
Alternatives to De-Duplication: There are difficulties with voters being registered in
many constituencies or non-citizens being enrolled, but these can be resolved by
alternative identification processes.
3. • In fact, because Aadhaar is a resident identification rather than a citizen
identifier, it may be unnecessary to verify voter identity.
Comprehensive Legislation is Required: A free and fair election requires an error-free
electoral roll. The government should introduce a thorough bill so that serious debate in
Parliament can take place.
• The bill should also establish the scope of data sharing between the two
databases, the mechanisms for obtaining consent, and whether or not
consent to link the databases can be rescinded.
Citizens' Privacy Protection: The government must first pass the Personal Data
Protection (PDP) law before moving further with the Aadhaar-voter ID connection.
• The PDP system must also apply to government agencies, requiring them to
seek an individual's explicit consent before sharing their information across
several government institutions.