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Picture Courtesy:   INDIAN EXPRESS

Context:

Pakistani national claims to have voted in India despite not being a citizen, raising concerns over voter ID verification.

Eligibility for a Voter ID

Citizenship Requirement

Only Indian citizens aged 18 or above on January 1 of the year of electoral roll revision qualify to vote, as per Article 326 of the Constitution. Non-citizens, including foreign nationals like Pakistani citizens, are explicitly barred from voter registration.

Other Conditions

Applicants must not be disqualified under Section 16 of the Representation of the People Act, 1950, which lists:

• Non-citizenship.
• Being of unsound mind, as declared by a competent court.
• Disqualification due to corrupt practices or election-related offenses.

Residence

Applicants must be ordinarily resident in the constituency where they apply. Non-Resident Indians (NRIs) can register as overseas voters using Form 6A, provided they haven’t acquired foreign citizenship.

Application Process

Form 6: To register, applicants submit Form 6 (available online at voters.eci.gov.in or offline at ECI offices). They provide:

• Age Proof: Aadhaar card, PAN card, passport, driving license, or birth certificate.
• Address Proof: Utility bills (electricity, water), ration card, passport, or rental agreement.
• Photograph: A recent passport-sized color photo.
• Declaration: Applicants sign a statement affirming they are Indian citizens. False declarations are punishable under Section 31 of the RP Act, 1950, with up to one year’s imprisonment, a fine, or both.

Submission

Applicants submit Form 6 online via the NVSP portal, in person at an ECI office, or through Booth Level Officers (BLOs). After submission, they visit a voter ID facilitation center for verification.

Special Cases

• Married Women: If a woman changes her address after marriage and lacks citizenship proof, the ERO may accept proof of prior voter registration or marriage certificates.
• NRIs: They use Form 6A, submitting passport copies and a photo.
• Corrections: Form 8 allows updates to existing voter IDs (e.g., name, address).

Verification by Electoral Registration Officer (ERO)

The ERO ensures no ineligible person, including non-citizens, is added to the electoral roll. They conduct inquiries, review claims, and issue notices if objections arise.

The ECI manual mandates that EROs verify citizenship, but this happens only if an objection is raised. Applicants must provide evidence during inquiries, and EROs decide independently, considering all submitted proof.

If someone challenges an applicant’s citizenship, the objector bears the burden of proof. The ERO may still require the applicant to demonstrate citizenship.

Applicants can appeal ERO decisions, ensuring checks against arbitrary rejections.

Booth Level Officers assist EROs by collecting applications and objections, conducting field verifications, and ensuring accuracy.

Steps to Strengthen the System

• Enhanced Verification: ECI could mandate stricter citizenship checks, cross-referencing with databases like the Ministry of Home Affairs.
• Training for EROs/BLOs: Improved training can reduce errors in application processing.
• Public Awareness: The ECI’s Systematic Voters’ Education and Electoral Participation (SVEEP) program can educate citizens on reporting suspicious voter registrations.
• Technology Integration: The ECI’s Voter Helpline App and cVIGIL App allow citizens to report electoral violations, which can help identify non-citizen voters.
• Legal Reforms: Amending the RP Act to require explicit citizenship proof (e.g., passport, birth certificate) could close loopholes, though this risks disenfranchising genuine voters without such documents.

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Source: 

INDIAN EXPRESS