Voter ID-Aadhaar linking initiative: Voluntary or compulsory?

Why in the NEWS?

• The Election Commission of India (ECI) will work with the UIDAI to link voter records with the Aadhaar database.

Key Points:

• A high-level meeting was held between the Election Commission of India (ECI) and the Central Government with the aim of making the voter ID system in India robust and transparent. 
• Some important decisions were taken in this meeting regarding the nature of voter ID-Aadhaar linking. 
• This high-level meeting was attended by officials of the Election Commission as well as senior officials from the Ministry of Home Affairs, Ministry of Law, Ministry of Electronics and IT (MeitY) and Unique Identification Authority of India (UIDAI). 
• The validity, technical aspects and socio-political implications of linking voter data with Aadhaar were discussed in this meeting.

What will you read next in this topic?

1. Key decisions: Aadhaar linking will remain voluntary
2. Sections and legal provisions of the Representation of the People Act, 1950
3. Technical Approach: Coordination between UIDAI and ECI
4. Supreme Court's Context and Constitutional View

Key decisions: Aadhaar linking will remain voluntary

• As per the decision taken in the meeting:
  • Linking of voter ID with Aadhaar will remain completely voluntary.
  • However, voters who do not wish to link Aadhaar will have to give reasons why they are not providing their Aadhaar number.
  • Form 6B will be amended to bring clarity to this effect.

Form 6B: Current status and need for amendment

• Form 6B, which is used to collect Aadhaar details from voters, currently gives only two options:
  • Submit Aadhaar number.
  • Declare that "I do not have Aadhaar."
• It has been decided to add a third option to this form so that voters who do not wish to provide Aadhaar details can refuse it by giving a valid reason. 
• This amendment will be implemented soon through a gazette notification, possibly before the Bihar assembly elections.

Sections and legal provisions of the Representation of the People Act, 1950

• The process of Aadhaar-Voter ID linking has statutory backing under Sections 23(4), 23(5) and 23(6) of the Representation of the People Act, 1950. 
• Key provisions of these sections:
  • Section 23(4): Power of Electoral Registration Officer (ERO) to seek Aadhaar number for voter verification.
  • Section 23(5): Submission of Aadhaar information is voluntary, not compulsory.
  • Section 23(6): Voter registration cannot be denied or name can be removed from the voter list for not providing Aadhaar.

Technical Approach: Coordination between UIDAI and ECI

• Technical coordination is being established between the Election Commission of India (ECI) and the Unique Identification Authority of India (UIDAI) for the process of data linking.
• So far, the ECI has collected Aadhaar details of more than 66 crore voters who have voluntarily provided this information.
• However, it is important to note that these details have not yet been technically linked to the central database of UIDAI.

Current Status of Linking:

• The details collected are stored only in the data system of the ECI.
• This has not yet been used for removing duplicate voter entries or for cleansing the voter list.

Future Plan: Secure and Limited Linking

• A joint team of technical experts from the Commission and UIDAI will now work on:
• How the two databases can be linked for a limited purpose, while adhering to data security and privacy regulations.
• This linking will be limited only to those voters who have voluntarily shared Aadhaar details.
• From a technical perspective, it will be ensured that any linking process is legally permissible and in accordance with data protection principles.

Special focus on data privacy:

• Both UIDAI and ECI will ensure compliance with the principles of Right to Privacy and Data Minimization. Under this:
• Only necessary data will be used.
• Encryption and security protocols will be adopted to prevent any possibility of misuse of data.

Start of technical consultation:

• In this direction, formal consultations are going to start soon between the technical advisors of UIDAI and ECI. 
• In these meetings:
  • Technical standards for data linking will be determined.
  • Possible risk assessment and risk prevention measures will also be decided.

Supreme Court's Context and Constitutional View

• During the hearing of the G Niranjan v/s Election Commission of India case in September 2023, the Election Commission of India (ECI) had stated before the Supreme Court that,
  • It would make suitable amendments in Form 6B to make it clear that submission of Aadhaar number is voluntary.
• The Commission had also stated that it would inform voters that non-submission of Aadhaar details would not have any adverse effect on their voter rights.
• The decision to amend Form 6B at present is a recompense of this judicial commitment and compliance with constitutional decorum.

Constitutional provisions and civil rights

• The Constitution of India ensures personal liberty and freedom of expression to citizens, which are extremely relevant in this context.
• Under Article 21, citizens have the right to privacy, which has been recognized as a fundamental right by the Supreme Court in the Puttaswamy case (2017).
• Under this, no citizen can be compelled to share data or personal information, unless it is required by law and in accordance with due process.
• Making Aadhaar details mandatory, without proper safeguards, can be considered a violation of this right.

Conclusion from a constitutional perspective

• Any measure of voter registration and Aadhaar linking can be considered valid only if it is in conformity with both these constitutional provisions.
• In the light of Supreme Court judgments and constitutional principles, it is the responsibility of the government and the Election Commission to prioritize data protection, transparency and consent of citizens.