The Supreme Court recently dismissed a petition seeking contempt action against the Election Commission of India (ECI) for not changing the forms asking Aadhaar numbers to enrol new voters. The petitioner mentioned that despite the ECI’s assurance last year that Aadhaar numbers were not obligatory for new voter registration, the forms remain unchanged.
Nonetheless, the bench of Chief Justice of India DY Chandrachud, Justice Manoj Misra and Justice Satish Chandra Sharma declined to initiate contempt proceedings, pointing out ECI’s statement that it was addressing the issue. It further noted that the earlier petition was disposed of in the light of the undertaking by the ECI that they were looking into the issue and that the court had not set any timeline for compliance. The bench further underlined that it was not a case for initiating contempt action.
In September, the Election Commission had given an undertaking to the apex court, pledging to make appropriate clarificatory changes in Forms 6 and 6B, which asked for Aadhaar details for electoral roll authentication for new voters. The ECI’s counsel also admitted before the Supreme Court that the submission of Aadhaar numbers was not mandatory according to Rule 26-B of the Registration of Electors (Amendment) Rules 2022.
This aforesaid assurance came in response to a petition lodged by G Niranjan, senior vice president of the Telangana Pradesh Congress Committee, who underlined issues with Forms 6 and 6B.
Reportedly, the Congress leader’s plea stemmed from the enactment of the Registration of Electors (Amendment) Rules 2022, which was promulgated to link Aadhaar numbers with election ID cards, pursuant to the Election Laws (Amendment) Bill, 2021. Notably, Form 6B facilitated voters in informing their Aadhaar numbers for electoral roll authentication. Nonetheless, the Aadhaar-voter card linkage is strictly voluntary, as per the new law.
Meanwhile, a separate challenge to the Election Laws (Amendment) Bill, 2021 and Registration of Electors (Amendment) Rules 2022 is currently pending before the Supreme Court.