Context:

Recent developments surrounding the deportation of Pakistani nationals from India, many of whom reportedly held Indian identity documents such as Voter IDs, Aadhaar, and ration cards, have sparked concern over the integrity of the electoral rolls and the effectiveness of the voter verification process. This issue holds significant implications for the sanctity of India’s democratic system, particularly with regard to voter eligibility and the legal safeguards against electoral fraud.

Constitutional and Legal Provisions

Under Article 326 of the Indian Constitution, the right to vote is granted to every citizen of India aged 18 years and above, provided they are not disqualified under any law. The Representation of the People Act, 1950, particularly Section 16, lays down conditions for disqualification from voter registration, including non-citizenship, unsound mind (as declared by a competent court), and legal disqualification due to corrupt practices.

To register as a new elector, applicants must fill out Form 6 of the Election Commission of India (ECI). While proof of age and address are mandatory, no separate citizenship document is required. Instead, a self-declared statement affirming Indian citizenship is submitted. However, under Section 31 of the RP Act, submitting false information, particularly with respect to citizenship, can attract legal penalties including imprisonment of up to one year, a fine, or both.

Verification and Role of Electoral Authorities

The onus of verifying the eligibility of voters lies primarily with the Electoral Registration Officer (ERO), assisted by Booth Level Officers (BLOs). These authorities are empowered to conduct investigations, hold hearings, and scrutinize documents before accepting applications. In cases of doubt or objections, the ERO must assess all evidence independently and ensure that non-citizens are not included in the electoral roll.

Citizenship is typically assumed unless there is a reason to believe otherwise. However, in instances of objection, the applicant bears the initial burden of proof to establish citizenship. For internal migrants or married women lacking documentation, alternative proofs such as prior voter registration or certificates from local authorities may be accepted.

Issues of Non-Citizens Holding Voter IDs

Instances of non-citizens obtaining Indian voter IDs have occurred in the past and are not isolated. The ECI has previously identified and removed such names from the electoral roll following investigations. In such cases, legal proceedings are initiated against individuals who fraudulently secured voter registration.

The current incident involving deported Pakistani nationals allegedly holding Indian Voter IDs brings this issue back into focus. It highlights systemic lapses in identity verification and raises concerns over the use of forged or easily obtainable documents to exploit electoral loopholes.

Current Measures and Challenges

To curb such malpractices, the ECI has initiated a linkage between Aadhaar and Voter ID cards to detect and eliminate duplicates and ineligible entries. However, this initiative has limitations, as Aadhaar is not proof of citizenship. Non-citizens can still possess Aadhaar cards, making this linkage an insufficient standalone measure for verifying voter eligibility.

Conclusion

The integrity of India’s electoral system is foundational to its democracy. While the legal framework governing voter registration is robust, implementation gaps, documentation loopholes, and lax verification processes expose vulnerabilities. Strengthening the verification mechanisms, enhancing accountability of electoral officers, and exploring alternative digital authentication methods are imperative to safeguard the electoral roll from misuse and to uphold the principle of “one citizen, one vote.”