The Supreme Court of India recently dismissed a contempt plea filed against the Election Commission of India (ECI) regarding the inclusion of Aadhaar numbers in the electoral roll updation process. The Chief Justice DY Chandrachud-led bench, also comprising Justices Manoj Misra and Satish Chandra Sharma, declined to initiate contempt proceedings, taking into consideration the ECI's assurance that it was actively addressing the issue.

The matter came to light when, in September of the previous year, the Election Commission informed the Supreme Court that the submission of Aadhar numbers was not mandatory for the deletion and updation of entries in the electoral roll. The bench was assured that the Election Commission was actively exploring issuing appropriate clarifications regarding the matter.

Senior Advocate Sukumar Pattjoshi representing the Election Commission of India, informed the bench that approximately 66,23,00,000 Aadhar numbers had already been uploaded during the finalization process of electoral rolls. This reaffirms the extensive use of Aadhar data in the electoral roll maintenance process.

The petition in question was filed by G. Niranjan, and the Supreme Court, acknowledging the Election Commission's commitment to resolving the issue, disposed of the plea.

It is noteworthy that a similar plea in November 2022 led the Supreme Court to issue a notice challenging the Election Laws (Amendment) Act, 2021, and the amended sections 23 and 28 of the Representation of People’s Act, 1950 (RP Act), along with the Registration of Electors (Amendment) Rules, 2022. These amendments empower the Election Commission to use the Aadhaar database in the deletion and updation of entries in the electoral roll.

The petitioner argued that the preparation of the electoral roll should be independently conducted by the ECI under the constitutional scheme. The plea contended that the reliance on Aadhaar/UIDAI processes and systems, as sanctioned under the RP Act, Rules, and Notifications, poses a significant threat to the independence of the Election Commission, as it relinquishes control over the electoral roll preparation process.

Case: G. NIRANJAN vs. ELECTION COMMISSION OF INDIA & ANR.