The Supreme Court of India is scheduled to hear a batch of petitions today challenging the Bihar voter list revision, which petitioners claim is based unlawfully on Aadhaar linkage and biometric verification, reported Mint. The petitions have raised concerns over the Election Commission of India’s recent initiative to update the Bihar electoral roll using Aadhaar data, allegedly without legal sanction or due process.
Multiple civil society groups and individuals have approached the apex court, alleging that the voter ID-Aadhaar linkage being carried out in Bihar could disenfranchise a large number of eligible voters. They argue that the process violates fundamental rights, citing concerns around data privacy, legal validity, and the absence of informed consent.
The revision process has sparked political and legal controversy over the last few weeks, with reports of door-to-door Aadhaar-based voter verification being conducted in various districts of Bihar. Petitioners claim that the Election Commission’s initiative lacks legislative backing, as the Aadhaar Act does not permit mandatory use of Aadhaar for electoral purposes without express statutory provisions.
The petitioners are seeking an immediate halt to the exercise, demanding that the Election Commission of India be restrained from continuing Aadhaar-linked voter list revisions until a thorough judicial review is undertaken. Some have also called for a court-monitored mechanism to ensure that voter rights are not compromised in the name of technological upgrades.
Sources in the legal fraternity indicate that the bench, led by the Chief Justice of India, may also examine the constitutionality of Section 23(4) of the Representation of the People Act, which was amended to allow for voluntary Aadhaar-voter ID linking. Critics say this provision is being misused to enforce what is, in effect, a mandatory requirement.
Meanwhile, officials of the Election Commission have defended the revision, stating that the exercise is meant to clean up the voter rolls by identifying duplicates and ineligible entries. They argue that linking Aadhaar with voter ID is a voluntary and legally permissible step, aimed at ensuring free and fair elections.
However, the petitioners insist that in practice, the exercise has become coercive. Field reports from several districts, they claim, suggest that voters are being told their names will be deleted if Aadhaar is not provided. Legal experts caution that such actions could lead to mass disenfranchisement, especially of the marginalised, migrant, and rural populations.
The court’s decision is likely to have wider implications beyond Bihar, as several other states are reportedly considering similar measures ahead of the upcoming Lok Sabha elections. The outcome of this case could set a precedent on the use of biometric data in electoral processes, a subject of increasing debate in India’s democratic and legal circles.
As the Supreme Court takes up the matter today, the spotlight is once again on the delicate balance between technological efficiency and electoral integrity, and whether the push for cleaner voter rolls can override citizens’ fundamental rights.
Photo Credit: Mint
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