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Why in the News?
Recently, the Supreme Court issued notice to the Centre on a plea challenging the power of the Election Commission (EC) to link the Aadhaar database with voter ID cards.
Key Points:
Background:
- In December 2021, Parliament passed the Election Laws (Amendment) Act, of 2021.
- It states that the electoral registration officer may ask the citizens to furnish their Aadhar numbers for the purpose of authentication.
- It provides that “every person whose name is listed in the roll may intimate his Aadhar number to the registration officer”.
- It stated that no individual will be denied inclusion in the electoral roll if they are unable to furnish their Aadhaar number.
The rationale behind the Aadhar-Voter ID Integration:
- To maintain an updated and accurate record of the voter base.
- To weed out duplication of voters, such as migrant workers
- Linkage of Aadhaar with voter IDs will assist in ensuring that only one Voter ID is issued per citizen of India.
Facilitate elector registration in the location at which they are ‘ordinarily resident’.
Challenges:
- Issues of disenfranchisement: This can lead to voters being disenfranchised.
- Nearly 55 lakh voters saw their names deleted from the voter list after voter IDs were linked to Aadhaar numbers in Telangana and Andhra Pradesh.
- Security concern: Lack of data protection law
- Misuse of Information: Potential of misuse of this information for voter profiling and targeted campaigning.
- Violate citizens’ rights: Linking Aadhaar and voter IDs may also violate citizens’ fundamental rights.
- In 2017, the Supreme Court laid down certain criteria that had to be met to restrict the right to privacy.
- Unconstitutional: Voting is a constitutional right under Article 326 that can only be restricted on the grounds of non-residence, unsoundness of mind, crime, or corrupt or illegal practice.
- Threat to the independence of the Election Commission (EC): The preparation of the electoral rolls is made dependent on the processes of Aadhaar, a process it has no control over.
Conclusion:
- Government should expedite the enactment of data protection legislation that allays concerns about unauthorized processing of personal data held by the government.
