Voters may be allowed to opt out of linking Aadhaar with the Elector Photo Identification Cards (EPIC) or voter IDs, provided they explain the reasons for it, including possibly by appearing before poll officials, sparking concerns.
The Indian Express (IE) on Wednesday last reported that the linking will remain voluntary, but voters opting out will have to explain the reasons for it. On Wednesday, the IE reported that voters declining to share Aadhaar “may” have to appear before the Electoral Registration Officers (EROs) “to show cause for not providing this information”.
The Election Commission of India (ECI) is in technical consultations with the Unique Identification Authority of India (UIDAI), which issues the unique identification numbers or Aadhaar, regarding the linkage.
The ECI did not respond to requests for comments on the latest IE report. Chief Election Commissioner (CEC) Gyanesh Kumar said their position remains unchanged, and technical consultations are ongoing. He dismissed any speculation when asked whether electors refusing to submit Aadhaar would be required to appear before EROs. “Do not put words in my mouth. People write stories as per their wisdom,” he said.
ECI officials, who spoke on condition of anonymity, said no final decision has been made. They added that nothing is “concrete” at this stage. The officials said submission of Aadhaar may effectively be mandatory.
Commonwealth Human Rights Initiative director Venkatesh Nayak, who has worked on Aadhaar and electoral transparency-related issues, warned that a voter could be removed from the electoral roll if UIDAI cancels their Aadhaar. “This is the threat of disenfranchisement that every voter will face potentially. All this is being prepared without informing the electorate what consequences might entail with refusal to furnish Aadhar and what appellate mechanisms are being put in place to challenge adverse actions of the ERO.” He said not every elector has the means to go to court to challenge disenfranchisement.
The Aadhaar-EPIC linking initiative began with the passage of the Election Laws (Amendment) Act, 2021, which was notified in 2022. The amendment did not impose penalties for non-submission of Aadhaar, but its implementation appears to make the process effectively mandatory.
The ECI has assured the Supreme Court that Aadhaar submission was voluntary and that enrolment forms would be amended to reflect this. It is yet to include in Form 6B, titled “Letter of Information of Aadhaar Number for the Purpose of Electoral Roll Authentication,” an option allowing electors to decline providing the unique numbers.
HT this month reported that the ECI, in a note to chief electoral officers, referenced Kumar’s speech urging officials to make “all attempts” to link Aadhaar with electoral roll data. The ECI later said that the linking would be conducted “in line with” the Supreme Court’s 2023 judgment, which affirmed the poll body’s position that Aadhaar submission was not mandatory and that forms would be amended accordingly.
Nayak underlined that Aadhaar is merely an identity proof and not that of citizenship. He added that the proposal for requiring a voter to appear before the ERO to explain why they do not want to provide Aadhaar details amounts to making it mandatory. “The proposal to amend the enrolment form then becomes a de facto show cause notice.”