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Election Commission Proposes Mandatory Personal Appearance for Voters Declining to Share Aadhaar

Election Commission’s Proposal: Voters Refusing to Share Aadhaar Must Justify In-Person

In a move that could significantly impact voter registration procedures, the Election Commission of India (EC) is considering a new rule requiring voters who decline to provide their Aadhaar number to appear before the Electoral Registration Officer (ERO) and explain their decision.

This proposal, The Indian Express has learned, aims to reinforce the EC’s stance in court that Aadhaar disclosure is purely voluntary. However, it has sparked debate, with critics arguing that compelling voters to justify their decision contradicts the very notion of voluntary participation.

Personal Appearance to Justify Aadhaar Non-Disclosure

Currently, voters are asked to submit Aadhaar details through Form 6B, introduced in 2022 to clean up electoral rolls and eliminate duplicate entries. While the EC has collected Aadhaar details from over 66 crore voters, the data has not yet been integrated with electoral rolls. The total number of registered voters in India stands at approximately 98 crore.

Under the proposed changes, individuals who choose not to share their Aadhaar will need to appear before the Electoral Registration Officer (ERO)—a government-appointed official responsible for maintaining and revising electoral rolls—and provide an explanation.

This proposal was reportedly discussed in a high-level meeting on March 18, 2024, attended by senior officials from the Home Ministry, Law Ministry, IT Ministry, and UIDAI (Unique Identification Authority of India). It is expected to be included in an updated version of Form 6B before the upcoming Bihar Assembly elections.

Changes in Form 6B: What Voters Need to Know

As part of this amendment, the current Form 6B, which previously required voters to either submit their Aadhaar number or declare that they do not have one, will be revised. The updated form will:

Remove the “I do not have an Aadhaar” declaration
Allow voters to provide an alternative identity document
Require them to appear before an ERO to explain their refusal to share Aadhaar

The change aims to formally establish the Aadhaar linking process as a voluntary exercise while addressing concerns raised in the Supreme Court case G Niranjan Vs Election Commission of India. During a hearing in September 2023, the EC had assured the court that it would clarify the voluntary nature of Aadhaar submission in voter registration.

Legal and Political Implications

The move comes amid allegations of irregularities in electoral rolls, particularly from opposition parties under the INDIA bloc. Critics argue that compelling voters to justify their refusal to share Aadhaar could be seen as coercion, potentially discouraging participation.

The final decision on implementing this rule rests with the Law Ministry, which must issue a gazette notification once the EC formally submits its proposal. If approved, the new policy could take effect before the Bihar elections and potentially influence future state and national elections.

With this proposal, the Election Commission aims to streamline voter identification and enhance electoral roll integrity. However, whether this measure is perceived as a necessary reform or an undue burden on voters remains to be seen.

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