The Supreme Court has issued notice on a plea seeking biometric and facial recognition verification before voting. The Court said the proposal needs legal changes and review before future elections, not immediate implementation.
The Supreme Court of India on Monday issued a notice to the Central Government and the Election Commission of India in response to a Public Interest Litigation (PIL) filed by BJP leader Ashwini Kumar Upadhyay. The petition seeks the introduction of biometric verification and facial recognition technology for voters before they cast their votes.
The matter was heard by a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. The Court asked both the Central Government and the Election Commission to submit their responses on the issue. At the same time, the Bench clearly noted that implementing such a system would require changes in existing election rules and would also involve a heavy financial burden on the public exchequer.
During the hearing, Ashwini Kumar Upadhyay appeared in person and argued that such a system could only be successfully implemented with the support and cooperation of State Governments. He highlighted that coordination between the Centre and States would be necessary for executing such a large-scale reform in the electoral process.
At first, the Bench was not willing to issue notice in the case and suggested that the petitioner should first approach the Election Commission of India. The Court observed that the primary responsibility lies with the Election Commission to examine such proposals at the initial stage.
The Bench remarked,
“ECI needs to give us a reply and if State does not help or finance ministry does not pass budget then again we can be approached. But issuing notice at this stage is not needed,”
indicating its initial hesitation to intervene prematurely.
In response, Upadhyay clarified his intent and stated,
“I am not on the ongoing five State elections,”
making it clear that his petition was not aimed at interfering with elections that are currently taking place.
After considering the submissions, the Court decided to take up the matter for further examination. While doing so, it also clarified that such measures cannot be implemented immediately, especially not for elections that are already underway.
The Bench finally directed,
“The prayers cannot be considered for the upcoming elections. But whether such a recourse deserves to be followed for next parliamentary elections or State polls needs to be examined. Issue notice,”
thereby formally initiating judicial scrutiny into the feasibility and legality of introducing biometric and facial recognition systems in the voting process.
This development marks an important step in the ongoing debate around electoral reforms in India, especially concerning voter verification, election transparency, and the balance between technological advancement and privacy concerns.
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