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:
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.
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.