The Voter ID System and Citizenship Verification: A Governance Challenge

Context: 

Following the recent terrorist attack in Pahalgam, Jammu & Kashmir, the Government of India undertook strong security and administrative measures. One major step was the deportation of several Pakistani nationals residing in India without legal authorization.

Key developments:

• Hundreds of Pakistani nationals have been deported from India.

• Many deportees were found in possession of Indian identity documents such as:

  • Aadhaar cards

  • Ration cards

  • Voter ID cards

This incident has brought to light serious concerns regarding the loopholes in India's voter registration and identity verification systems. It is a relevant issue for civil services preparation due to its connections with governance, internal security, and electoral reforms.

Constitutional and Legal Provisions Related to Voting

Right to Vote under the Constitution

• Article 326 of the Indian Constitution guarantees the right to vote.

• Applicable to every Indian citizen aged 18 years or above.

• Voting rights apply to elections for:

  • Lok Sabha

  • State and Union Territory Legislative Assemblies

Disqualification from Voter Registration (Section 16, RP Act, 1950)

A person is disqualified from registering as a voter if they:

• Are not a citizen of India

• Are of unsound mind, as declared by a competent court

• Are disqualified under laws related to corrupt practices or election offences

Voter Registration Process and Loopholes

Application through Form 6

• Used for applying as a new voter with the Election Commission of India

• Requires self-attested documents for:

  • Proof of age

  • Proof of address

• No mandatory requirement to submit proof of citizenship

• Applicants must sign a self-declaration affirming Indian citizenship

This creates a potential loophole, as citizenship is taken at face value without documentary evidence.

Penalties for False Citizenship Declaration (Section 31, RP Act)

• False declaration of citizenship is a punishable offence

• Punishment includes:

  • Up to one year of imprisonment

  • Or a fine

  • Or both

Verification of Voter Registration Claims

Role of Electoral Officers

• Electoral Registration Officer (ERO) is responsible for verifying voter applications

• ERO is supported by Booth Level Officers (BLOs) who assist in collecting forms and documents

Verification Process

• Initial burden of proof lies on the applicant to establish Indian citizenship

• The ERO is expected to conduct independent verification

• If doubts or objections are raised, the ERO may initiate hearings or inquiries

Special Considerations

• In the case of internal migrants, the ERO may consult the District Election Officer of the previous residence

• For married women lacking documentation:

  • Prior voter registration as an unmarried woman may be accepted

  • Village-level certificates or marriage proof may also be used

Objections to Citizenship

• If someone objects to the applicant’s citizenship, the burden of proof initially falls on the objector

• However, the ERO may still request the applicant to furnish proof of Indian citizenship

Issue of Non-Citizens Holding Voter IDs

Past Incidents

• There have been earlier instances where non-citizens managed to obtain Indian voter IDs

• The Election Commission has:

  • Identified and removed such individuals from the electoral rolls

  • Initiated legal proceedings in valid cases

Aadhaar-Voter ID Linkage

• Election Commission has been working to link Aadhaar with Voter ID to detect and prevent fraud

• Intended to eliminate duplication and bogus entries

Limitations of Aadhaar Linkage

• Aadhaar does not serve as proof of Indian citizenship

• Non-citizens can still obtain Aadhaar based on residence information

• Aadhaar linkage cannot alone ensure exclusion of ineligible voters