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A move that endangers the Right to Vote
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Context
The Election Commission of India (ECI) has renewed efforts to link Aadhaar with Voter ID, raising constitutional concerns related to disenfranchisement, data misuse, and democratic integrity.
Constitutional and Legal Concerns
- Voluntariness Undermined: Form 6B offers no real opt-out; voters must either submit their Aadhaar or declare non-possession, coercing consent and violating individual autonomy.
- Right to Vote and Privacy: Linkage risks mass disenfranchisement and infringes upon the fundamental right to privacy, violating the Puttaswamy judgment (2018) and principles laid out in Lal Babu Hussein (1995).
- Aadhaar ? Citizenship: Section 9 of Aadhaar Act, 2016, confirms Aadhaar is not proof of citizenship; UIDAI permits Aadhaar to non-citizens residing 182+ days, making it constitutionally unfit for electoral authentication.
Operational and Technological Deficiencies
- Database Unreliability: CAG Audit Report No. 24 of 2021 highlighted cancellation of 4.75 lakh Aadhaar numbers for duplication/biometric faults, undermining trust in Aadhaar-based deduplication.
- Lack of Appellate Mechanism: Citizens who opt out face in-person justifications without an accessible appeal process, disproportionately affecting the elderly, disabled, and migrants.
- Surveillance Risks: Digital Personal Data Protection Act, 2023 enables state surveillance; Aadhaar seeding with voter ID may allow profiling and electoral manipulation via demographic targeting.
Democratic and Institutional Implications
- Erosion of Universal Suffrage: Linking Aadhaar imposes discriminatory burdens and undermines electoral inclusivity, violating the core of Article 326 of the Constitution.
- Threat to Institutional Independence: UIDAI, a statutory body under executive control, being involved in electoral data management dilutes the constitutional independence of the ECI.
- Alternative Verification Models Ignored: Proven mechanisms like booth-level officer verification, social audits, and public grievance redressal are more effective and constitutionally sound alternatives.
Practice Question:
Q. Critically examine the constitutional, legal, and democratic implications of linking Aadhaar with Voter ID. In your answer, evaluate its impact on electoral integrity, privacy, and institutional independence.
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