Aadhaar, Again

Aadhaar, Again

Electoral roll data linkage to Aadhaar ecosystem is a big change. Ordinary citizens mustn’t suffer

22.12.2021

Amendments to the Representation of the People (RP) Act requiring voters to furnish their Aadhaar numbers to electoral registration officers were introduced, considered and passed in both Houses of Parliament, all in a few hours, without any meaningful debate. Union law minister Kiren Rijiju cited the need to clean up the electoral rolls – specifically, RP Act provisions barring people from being registered as voters from more than one constituency, and preventing bogus voting.

Rijiju also claimed the amendments met the Puttaswamy judgment’s triple test of legality, need, and proportionality, which is now used to assess the permissible limits of invasion of privacy. Yes, this Bill did pass Parliament unlike Election Commission’s 2015 seeding of over 30 crore voter IDs with Aadhaar. But the achievement of the legality requirement to meet privacy safeguards would have been bolstered manifold by a thorough discussion in Parliament, allowing further finetuning of the Act’s provisions. In following the template set by farm laws, GoI may have unnecessarily exposed itself to stiff legal challenges, even if street agitations like those by farmers don’t happen.

Since the Bill only sanctions Aadhaar number and not biometric verification, it essentially boils down to a test of identity between details in the voter ID and Aadhaar card. Even small variances in name, address, age etc could see lower level bureaucrats enjoying outsized discretion to accept or reject electoral roll entries. RP Act’s new Section 23(6) allows those unable to furnish Aadhaar numbers for “prescribed” reasons to produce alternate documents. But the poor, without other documents to prove their identities and whose details may vary between their Aadhaar and voter card, could be hit hardest.

Also, while Rijiju has said the linking is voluntary and not mandatory, amendments say electoral officers “may” ask for Aadhaar. This “may” may become worryingly widespread. Further, Section 23(5) suggests that GoI could notify a date in the gazette by which time every person in the electoral roll “may” intimate his/her Aadhaar number to authorities. The worry is what happens if a citizen doesn’t do this.

The right to vote is a statutory right and it mustn’t be denied to citizens without rigorous due process and just cause. EC must ensure every electoral roll entry struck off through this new process is independently verified by booth level officers on the ground. The impending big change to our electoral rolls should be foolproof and abuse-proof.