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A Public Interest Litigation seeking linking of Aadhar and Voter’s ID was declined by the Supreme Court as it had refused to hear the oral plea. Ashwani Upadhyaya, BJP Leader and a lawyer had played a pivotal role in filing the PIL which was itself done in February, 2018. However the Supreme Court had readily mentioned that only after the constitution bench would deliver the Aadhar judgement it would hear the petition.
The petition caters to an important dimension that inorder to avoid bogus voting it urges the Election Commission of India to implement a system to have an Aadhar based Election Voting System. Aadhar signifies authenticity and originality and in the case of Aadhar duplication of the same is barely possible, chances of fudging of biometric are also negligible thus, providing a transparent system to the citizens. Thus, linking of Aadhar with the Voter’s ID would also act as preventive check regarding duplicate or fake accounts.
It has been rightly mentioned that the notion of fake and bogus voting infringes the right of the citizens under Articles 14, 325 and 326 of the Constitution of India. It has been proclaimed that-
"(i) It prevents free exercise of "right to vote" and "one man one vote" due to use of money and muscle power. (ii) It effects ordinary citizen's rights to get elected and puts him to great disadvantage due to reduced win-ability factor as the fake and fabricated votes are generally polled in favour of candidates having money and muscle power."
The significant issues include having a transparent voting process by not legally infringing anybody’s right, to have authentication of the voters and to also secure and protect the voted data in order to maintain the sanctity and transperancy of the system. Greater emphasis has been laid upon the usage of face bio-metrics and usage of finger prints.
A significant clarification has been given in the Petition, that if the voter has not linked the Aadhar details, the person should not be denied the right to vote. It has been mentioned that-
"...use of the Aadhaar data by the Election Commission may be mandatory but petitioner feels that the Election Commission should not deny the electoral roll to a person who is not willing to submit his/her Aadhaar details. Petitioner feels that linking of Aadhaar is not only necessary to ensure free and fair election but also to curtail fake and fabricated electoral rolls.”
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