New Delhi: The Ministry of Law and Justice has reiterated in Parliament that while linking of Aadhaar is not mandatory under the Aadhaar Act, 2016; the Election Laws (Amendment) Act, 2021 provides for electoral registration officers to require an Aadhaar number for identification on a voluntary basis.
The statement came as a response to a written question by Trinamool Congress (TMC) MP Derek O’Brien on Thursday, July 20, in Rajya Sabha asking whether the linking of Aadhaar and Voter ID is mandated under the Aadhaar Act, 2016.
O’Brien also asked the government to clarify the legislative mandate which allows the linking of a national identification card with a voter ID.
In response minister of state (independent charge) law and justice, Arjun Ram Meghwal, said in a written statement: “The Ministry of Electronics and Information Technology has informed that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (Act No. 18 of 2016) does not mandate linking of Aadhaar and voter ID.
“However, section 23 of the Representation of the People Act, 1950, as amended by the Election Laws (Amendment) Act, 2021 (Act No. 49 of 2021), provides for the electoral registration officers to require the existing or prospective elector to provide the Aadhaar number for the purpose of establishing identity on a voluntary basis.”
Concerns have been raised about whether individuals who have not linked their Aadhaar with their Voter ID will face exclusion from electoral roll registration.
In March, the Union government extended the deadline for linking Aadhaar with one’s Voter ID to March 31, 2024.
Earlier, the Union law ministry had on June 17, 2022, notified April 1, 2023, as the “date on or before which every person whose name is included in the electoral roll may intimate his Aadhaar number in accordance with the said section”.
According to an analysis of The Election Laws (Amendment) Bill, 2021 by PRS legislation, the electoral registration officer may require a person to furnish their Aadhaar number for establishing their identity.
“If their name is already in the electoral roll, then the Aadhaar number may be required for authentication of entries in the roll. Persons will not be denied inclusion in the electoral roll or have their names deleted from the roll, if they are unable to furnish Aadhaar number due to sufficient cause as prescribed. Such persons may be permitted to furnish alternate documents prescribed by the central government.”
Despite this, the matter of linking Aadhaar and Voter ID has been debated especially because if the linking is mandatory then why the question of a deadline?
The Wire has reported that linking Aadhaar and Voter IDs can result in better delivery of services to migrant workers or NRIs but others have also raised concerns about the “voluntary” could become mandatory soon.
A plea challenging the Aadhaar-Voter ID linkage is pending in the Supreme Court. The petition argues that the right to vote is one of the “most sacred rights” and cannot be denied if a person does not have an Aadhaar card.
In 2019, nearly 55 lakh voters in Andhra Pradesh and Telangana were left out of the electoral process due to the linkage of the electoral photo identity card (EPIC) and Aadhaar taken up by the Election Commission in 2015.