Controversy Over Voter ID-Aadhaar Linking in Delhi

January 14, 2025

The political landscape in Delhi has become tumultuous as the Aam Aadmi Party (AAP) and the Bharatiya Janata Party (BJP) exchange accusations regarding the manipulation of electoral rolls ahead of the upcoming Assembly elections. This controversy has reignited discussions about the proposal to link voter IDs, specifically the Election Photo Identity Card (EPIC), with Aadhaar numbers. The history of this proposal reveals a complex interplay of legal and administrative challenges.

Background of the Proposal

In February 2015, the Election Commission (EC) initiated the National Electoral Rolls Purification and Authentication Program (NERPAP). The aim was to eliminate duplicate entries in electoral rolls. The EC linked EPIC data with the Aadhaar database, successfully authenticating over 300 million voters in just three months. However, in August 2015, the Supreme Court intervened, stating that Aadhaar should only be mandatory for welfare schemes and PAN linking, causing the NERPAP to be halted.

Supreme Court Rulings and Legislative Changes

The Supreme Court‘s final ruling in the Puttaswamy case in September 2018 affirmed the constitutional validity of the Aadhaar Act. Following this, the EC sought amendments to the Representation of the People Act, 1950. In December 2021, Parliament amended this Act and The Registration of Electors Rules, 1960. These amendments allowed for the optional linking of EPIC with Aadhaar, introducing Forms 6 and 6B for new and existing voters, respectively.

Voluntary Nature of Amendments

The amendments were designed to be voluntary, as indicated by the use of the word “may.” The regulations stipulate that no voter shall be denied inclusion in the electoral roll or have their name deleted due to an inability to provide their Aadhaar number. Alternate identification documents, such as PAN cards or driving licences, are accepted if a voter does not possess an Aadhaar number.

Current Status of Forms and Legal Challenges

Despite the amendments, the EC reported in September 2023 that submission of Aadhaar was not mandatory. However, Forms 6 and 6B remain unchanged, still requiring voters to declare their Aadhaar status. The EC is considering clarifications to these forms, but concerns persist about the potential for misuse of personal information.

Pros and Cons of EPIC-Aadhaar Linkage

Linking EPIC with Aadhaar could reduce duplicate entries, which is crucial for electoral integrity. Over 650 million Aadhaar numbers have already been linked during the electoral roll finalisation process. However, issues such as errors in the Aadhaar database could lead to wrongful deletions. Additionally, Aadhaar serves merely as proof of residence, not citizenship, necessitating further efforts to ensure only eligible voters are on the rolls.

Ensuring Voter Confidence

The right to vote is constitutionally protected and integral to free and fair elections. To maintain public trust, the EC must communicate the benefits of linking EPIC and Aadhaar effectively. Voter concerns regarding privacy must be addressed to prevent any erosion of confidence in the electoral process. Swift modifications to the application forms are essential to reflect the voluntary nature of Aadhaar submission.

NERPAP aimed to eliminate duplicate voter entries.
The Supreme Court ruled Aadhaar mandatory only for welfare schemes.
Over 650 million Aadhaar numbers are linked to electoral rolls.
EPIC linkage addresses electoral integrity but raises privacy concerns.
Forms 6 and 6B still require Aadhaar details despite EC’s clarification.

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