Voter ID Rules in India, Citizenship, Verification, and Common Loopholes

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What’s in Today’s Article?

Following a government order in response to the Pahalgam terror attack, hundreds of Pakistani nationals have been deported from India.
Several deportees, however, claimed possession of Indian identity documents, such as Aadhaar cards, ration cards, and Voter IDs.

Article 326 of the Indian Constitution grants the right to vote to every Indian citizen aged 18 years or above in elections to the Lok Sabha and State/UT Assemblies.

A person can be disqualified from voter registration if they:
- Are not a citizen of India.
- Are of unsound mind, as declared by a competent court.
- Are disqualified under any law related to corrupt practices or election-related offences.

Form 6 -the Election Commission of India’s (ECI’s) form for registering new electors – is used for registering new electors with the ECI.
Requires self-attested documents for:
- Age proof
- Address proof
No separate citizenship proof is needed, but the applicant must sign a citizenship declaration.

If the citizenship declaration is false, the applicant can face:
- Up to 1 year of imprisonment
- Or a fine
- Or both

Responsibility of the Electoral Registration Officer (ERO)
- The ERO must ensure that no ineligible person, including non-citizens, is added to the electoral roll.
- The ERO must independently verify the applicant’s citizenship status, especially when a claim or objection is raised.
- The ERO is expected to evaluate all evidence presented during the inquiry without external influence.
Initial Onus of Proof
- The applicant bears the initial burden of proof to establish Indian citizenship when applying for the first time.
Special Cases
- For migrants within India, the ERO cross-checks with the District Election Officer (DEO) of the applicant’s previous district.
- For married women without documentary proof:
  - Previous voter registration as an unmarried woman can be considered.
  - Proof of marriage or certificates from village heads (before and after marriage) may be accepted.
Objections to Citizenship
- If someone objects to an applicant’s citizenship, the burden of proof shifts to the objector.
- However, the ERO may still require the applicant to provide proof of Indian citizenship in such cases

Previous Instances
- Non-citizens obtaining voter IDs is not a new issue.
- The Election Commission of India (ECI) has previously identified and removed such ineligible voters from the electoral rolls.
- Legal action has been initiated in cases where objections were found valid.
Current Measures
- The ECI is working to link Aadhaar with Voter IDs to prevent non-citizens from registering.
Limitations of Aadhaar Linkage
- Possession of Aadhaar by non-citizens makes detection difficult, as Aadhaar alone cannot confirm citizenship.
- Thus, Aadhaar linkage is not a foolproof solution for identifying ineligible voters.