NEW DELHI: In December 2021, the Lok Sabha handed the ‘Election Laws (Amendment) Bill 2021,’ aiming to attach electoral roll knowledge with the Aadhaar ecosystem and introduce important ballot reforms. Despite a short debate and the opposition’s name to refer the invoice to a standing committee, it was cleared by the Lower House.
Government’s Defence: Long-Awaited Reforms
Defending the invoice, the federal government highlighted that it encompasses numerous electoral reforms which were long-discussed. The Union Cabinet had beforehand cleared the invoice on electoral reforms, allowing the Election Commission to voluntarily seed Aadhaar numbers with electoral rolls.
Key Reforms And Opposition Criticism
The invoice launched a number of essential reforms, together with making electoral legislation gender-neutral for service voters and permitting new voters to enrol on 4 totally different dates yearly. Despite the Opposition’s criticism, the federal government emphasised that linking Aadhaar with electoral rolls would deal with the persistent situation of a number of enrollments, contributing to the enhancement and cleaning of the voters’ record.
Crucial Reforms Proposed In The Bill
Voluntary Aadhar Linkage: The main proposal among the many 4 reforms allowed the Election Commission to hyperlink Aadhaar numbers with electoral rolls voluntarily.
Quarterly Voter Registration: The second important proposal concerned conducting the voter registration course of 4 instances a yr, providing extra alternatives for people turning 18 after January 1 to take part in elections held in the identical yr.
Multiple Cut-off Dates: Recognizing the limitation of the present January 1 closing date, the Election Commission sought a number of deadlines for voter enrollment – January 1, April 1, July 1, and October 1.
Gender Neutrality For Service Voters: The reforms additionally referred to as for gender neutrality in service voters, addressing the disparity the place a military man’s spouse is entitled to enrol as a service voter, however not a girl military officer’s husband.
Empowering ECI: The ultimate proposal empowered the Election Commission to take over any premise for the conduct of elections, addressing objections raised towards the ballot physique’s use of colleges and related premises.
The Rationale Behind Aadhar Seeding
The Union Law Ministry conveyed that the Election Commission aimed to make the most of the Aadhaar database to make sure the preparation of an error-free electoral roll and stop the duplication of entries. The transfer was thought of important for the deduplication of electoral knowledge, requiring amendments to the Representation of the People Act, 1951, and the Aadhaar Act, 2016.
Challenges And Objections
The Supreme Court’s intervention in August 2015, citing privateness issues, halted the National Electoral Roll Purification and Authentication Programme (NERPAP) utilizing Aadhaar numbers. Despite a short lived assortment of Aadhaar numbers throughout that interval, the authorized constraints prompted the Election Commission to strategy the Law Ministry in 2019 with a recent proposal.
The Standing Committee, in its one hundred and first report, acknowledged the potential intrusion into privateness however emphasised the need of an error-free electoral roll at no cost and honest elections. Concerns over the misuse of private knowledge and disenfranchisement have been raised, aligning with the Supreme Court’s cautious strategy in the direction of Aadhaar utilization inside authorities businesses.
Recent Developments And Law Ministry’s Response
The Election Commission’s current proposal to amend the Representation of the People Act, 1950, and voter enrolment types has been reportedly rejected by the Union Law Ministry. The proposed modifications, in search of to remove the requirement for voters to offer causes for not seeding Aadhaar with the voter ID card, have been deemed pointless within the absence of particular instructions from the Supreme Court.
EC Seeks Amendments Amid Ongoing Debate
The trade between the Election Commission and the Law Ministry continues, with the EC proposing amendments to Sections 23(6) and 28(2) (hhhb) of the RP Act 1950, in search of the deletion of the “sufficient cause” requirement. Additionally, modifications are sought in Form 6 for brand spanking new voter enrolment to make sure potential voters aren’t compelled to declare their cause for not offering UID particulars.
As the controversy persists, the Election Commission is hoping to strike a steadiness between electoral integrity and privateness issues, navigating the evolving panorama of Aadhaar integration within the electoral course of.
