Editorial of the Day (9th Mar): ECI Suggests changes in RPA

Table of Contents

Context:

The Election Commission of India (EC) has proposed changes to the Representation of the People Act, 1950.
These changes aim to remove the requirement for voters to explain why they choose not to link their Aadhaar number with their voter ID.

Union Law Ministry’s Response

The Union Law Ministry has declined the EC’s proposal to amend the Act.
The ministry points out that the Supreme Court did not specify any amendment to the RP Act, of 1950.
Instead, the ministry advises the EC to issue guidelines clarifying that Aadhaar linkage is voluntary.

The Supreme Court directed the EC to make clarifications in voter enrolment forms that linking Aadhaar is not mandatory.
Despite the EC’s efforts to comply, a contempt plea was rejected by the Supreme Court, citing the EC’s assurances of addressing the concerns.
The Supreme Court in 2018 acknowledged privacy as a fundamental right but allowed its restriction under specific conditions.

The EC suggested modifying Sections 23(6) and 28(2)(hhhb) of the RP Act, 1950 to omit the “sufficient cause” clause.
For new voter enrolment forms, the EC requested changes to ensure no voter is compelled to declare the absence of an Aadhaar number.

The EC began linking voter IDs with Aadhaar in 2015 but halted the process after a Supreme Court ruling.
By 2015, 38 crore voter cards were already linked with Aadhaar.

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Following the apex court’s order, the RP Act, 1950 was amended to empower the EC to use Aadhaar data for voter list verification.
The EC resumed collecting Aadhaar numbers voluntarily through Form-6B in 2022.
As of Feb 2024, India has 96.99 crore electors.
The EC has collected 66.23 crore Aadhaar details (around 68%) as of Sep 2023.
Aadhaar details haven’t been linked to Voter IDs for duplicate checking yet.
The deadline for linking Aadhaar with Voter IDs has been extended to March 31, 2024.