Answer

The recent proposal of Election Commission to link Aadhaar with voter ID aims to improve electoral integrity by eliminating duplicate entries. However, it raises significant concerns regarding privacy, legal mandates, and the risk of excluding legitimate voters, thus highlighting the need for a careful evaluation of constitutional and administrative implications.

Constitutional and Administrative Implications of Linking Aadhaar with Voter ID

• Violation of Fundamental Rights: The linking of Aadhaar with voter IDs raises concerns about potential violations of fundamental rights, particularly the right to privacy guaranteed under Article 21 of the Indian Constitution.
  For example: The Supreme Court’s ruling in Justice K.S. Puttaswamy restricted Aadhaar’s use to welfare schemes, emphasizing its constitutional limitations.
• Infringement on Electoral Integrity: Linking Aadhaar with voter IDs could undermine the integrity of the electoral process with a threat of  political profiling.
  For example: The CAG audit report in 2022 identified duplications and biometric errors in Aadhaar, casting doubt on the reliability of using Aadhaar for electoral purposes.
• Potential Exclusion and Discrimination: The requirement for voters to submit Aadhaar numbers could disproportionately affect marginalized groups, such as elderly citizens, migrant workers, and persons with disabilities.
• Coercion and Lack of Voluntariness: The claim that linking Aadhaar with voter IDs is voluntary is contested, as Form 6B compels individuals to either provide their Aadhaar number or declare its non-possession.
  For example: The Aadhaar Act clearly states that Aadhaar is not proof of citizenship, but the linkage raises questions about coercion in the voter registration process.
• Violation of Natural Justice: The process lacks clear appellate mechanisms, which is a violation of natural justice.
  For example: In the Lal Babu Hussein case (1995), the Supreme Court stressed that deletion from electoral rolls must follow due process and natural justice, highlighting the constitutional principle of fairness.

Impact on Electoral Integrity, Right to Privacy, and Democratic Participation

• Threat to Electoral Integrity: Linking Aadhaar with voter IDs could lead to manipulation of electoral rolls, undermining free and fair elections.
• Invasion of Right to Privacy: Aadhaar’s linkage with voter IDs puts individuals’ personal data at risk of surveillance, violating the right to privacy enshrined in the Indian Constitution.
  For example: The Digital Personal Data Protection (DPDP) Act, 2023, provides wide exemptions for government bodies, allowing potential surveillance and data profiling.
• Disproportionate Burden on Vulnerable Voters: Elderly, disabled, and remote populations may struggle with the physical verification required under the new system, leading to the disenfranchisement of large swathes of eligible voters.
  For example: Migrant workers in rural areas may find it difficult to meet the new Aadhaar verification requirements, thus limiting their democratic participation.
• Excessive Focus on Technology: The initiative places excessive reliance on technology for voter verification, which may not be universally accessible, undermining democratic participation by citizens lacking digital literacy.
  For example: Booth Level Officers (BLOs) could be used for door-to-door verification, ensuring better voter engagement and inclusivity.
• Chilling Effect on Democratic Rights: The potential for political profiling through the linkage of Aadhaar with voter IDs can deter free expression and democratic participation, as voters may fear their data being misused for political targeting.
  For example: Voter suppression tactics, such as targeting opposition strongholds, could emerge if data is accessed by political entities.
• Compromised Institutional Independence: Handing over electoral data to UIDAI undermines the Election Commission’s autonomy and risks politicization of voter information.

Alternative Approaches to Ensure Accurate Electoral Rolls

• Reinforcing Booth Level Officers (BLOs): Booth Level Officers should be empowered to conduct door-to-door verification, ensuring that all eligible voters are included, without relying solely on technology.
• Independent Audits of Electoral Rolls: Regular independent audits of electoral rolls can help identify inaccuracies or discrepancies, ensuring that the rolls are clean and accurate.
  For example: Social audits conducted by independent bodies can ensure transparency and hold the ECI accountable for maintaining accurate voter rolls.
• Data Privacy Safeguards: Any electoral database should have strong data privacy safeguards to protect voter information from unauthorized use or surveillance.
• Public Grievance Redressal Mechanism: Establishing a functional grievance redressal system for citizens to resolve issues related to voter registration can improve the accuracy of electoral rolls.
• Awareness and Education Campaigns: Deploying SVEEP‑style outreach via local language broadcasts, community workshops, and social media drives ensures voters understand registration processes.

While linking Aadhaar with voter ID aims to clean voter rolls, it raises concerns about data privacy, electoral integrity, and democratic rights. The government should focus on strengthening traditional voter verification methods to ensure inclusivity, fairness, and privacy while avoiding the risks of coercion and exclusion.

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