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EC plan on young voters' enrolment faces legal hurdle

Election watchdog had earlier said January 1 cut-off date for enrollment deprives several youths of their voting right

Press Trust of India New Delhi
Election Commission's plan to ensure that young citizens are registered as voters as soon as they turn 18 has run into difficulties as the Attorney General has opined that the move to have multiple cut-off dates contradicts provisions of the Constitution.

EC had earlier this year told the government that the January 1 cut-off date set for the purpose deprives several youths from participating in the electoral exercise.

The Law Ministry had opposed the move, but following EC's persistent demands, it had referred the matter to Attorney General Mukul Rohatgi for his opinion.

Rohatgi is learnt to have supported the view of the Law Ministry that the move to have multiple cut off dates "contradicts" Article 326 of the Constitution and to have such a system is not practical.
 
EC, which had initially raised the issue earlier this year, brought up the matter again with the Law Ministry after the Narendra Modi government assumed power.

Law Ministry is the administrative ministry for the EC.

According to the EC guidelines on enrolment of voters, for an election to be held in a particular year, only an individual who has attained the age of 18 years as on January 1 of that year is eligible to be enrolled in the voters' list.

"As a result, if a person is becoming 18 years on January 2, he cannot be registered. Therefore, a person who is turning 18 beyond January 1 will have to wait for next year to get registered. In case elections are taking place subsequently, they will have to wait for a longer period," Election Commissioner Nasim Zaidi had said when the proposal was moved.

But according to the Law Ministry, a change in rules or even an amendment to the Representation of the People Act will not help.

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First Published: Aug 10 2014 | 11:21 AM IST

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