The New Chief of Election Commission (CEC) has invited key officials- the Home Secretary, the Legislative Department Secretary, and the CEO of the Unique Identification Authority of India (UIDAI) to address and potentially design a solution to eliminate legal challenges blocking the Electors Photo Identity Card or EPIC-Aadhar Linking.
Legal Challenges In EPIC-Aadhaar Linking
This initiative took birth in 2015, but legal challenges like voluntary or mandatory linking, privacy and data protection, data security and consent, among others, and hindrances from opposition parties, paused the initiative.
Under section 23 of the Representation of People Act, 1950, the EC asked eligible voters to share their Aadhaar card details by March 31st 2024. The date wasn’t extended, and the EC decided to proceed with details of the electors they received. In February 2024, the Supreme Court was presented with a case questioning the EC’s intentions in asking for citizens’ Aadhaars. The question of citizens’ privacy rights was prompted. The EC assured the SC that submitting an Aadhaar card while enrolling as a voter was purely voluntary, after which the SC dismissed the case.
Why is EPIC and Aadhar Linkage Important?
A major advantage of the EPIC-Aadhaar linkage is the involvement of biometric authentication. This minimizes or eliminates the possibility of duplicate or bogus entries, increasing the integrity of the election process and, ensuring justice and adding value to the votes of righteous citizens. The EC has confirmed in a statement to the TOI that Aadhaar cards will be used only to identify eligible voters, meaning citizens above 18.
The former CEC, Rajiv Kumar, emphasised the significance of biometrics while saying that, Impostors and impersonations can be weeded out, which helps keep the voting process uncorrupted.
As of now, the EPIC-Aadhaar linkage remains incomplete. The officials will meet tomorrow to discuss further plans and amendments to successfully initiate the linking process.
What May Happen In The EC Meeting Tomorrow?
In the upcoming EC meeting on March 18th, potential discussions of the legal standing of the process may occur. The officials may review whether existing laws support EPIC-Aadhaar linkage or if amendments are needed. The meeting will assess past Supreme Court judgments to ensure alignment with privacy regulations, and they may make amends to Section 23(5) of the IP Act 1950; discussions may focus on alternative verification methods for those without Aadhaar.
If legal concerns are resolved, the EC might proceed to decide to roll out the linkage in phases, along with a public awareness campaign. The meeting may result in a decision to proceed with the linkage, a request for further clarification from the Supreme Court or Parliament, or the issuing of new guidelines to protect voter rights.
