NID: Why was the transfer necessary?

The initiative to transfer the authority to issue National Identity Card (NID) from the Election Commission (EC) to the Ministry of Home Affairs is almost finalised. The EC will no longer have the power to issue NID after the approval of the new draft law in the cabinet meeting Monday. The commission can only prepare the voter list.

In 2021 the government made a decision on principle to transfer the registration of NID to the home ministry. The proposal did not proceed at the time due to the opposition of the EC. Former Chief Election Commissioner (CEC) KM Nurul Huda opposed the transfer, stating that the government made this decision without consulting the Election Commission. He believes that the authority to issue National Identity Cards (NID) should remain with the commission. Similarly, former election commissioner Mahbub Talukder expressed concern that this move would significantly diminish the EC's power.

The government's previous attempt to proceed with the initiative was halted because of the opposition from the Election Commission (EC). However, this time, the government is resolute in passing the law. The government argued that issuing the National Identity Card (NID) is not the Election Commission's responsibility, as their primary duty is to register voters. Nevertheless, it is essential to reflect on how the NID initiative began in our country.

Following the controversy surrounding the list of 12 million fake voters during the BNP government, the caretaker government under Fakhruddin Ahmed took the initiative to create a voter list with photographs. In 2007, the Election Commission, led by ATM Shamsul Huda, introduced the National Identity Card (NID) as part of the process of preparing the voter list with photographs.

In 2010, the National Identity Registration Wing, operating under the Election Commission, obtained legal and institutional authority during the Awami League government. Subsequently, the registration of smart NIDs also came under the purview of the Election Commission.

Mahbub Hossaion said in accordance with the proposed law, the NID registration activities will be run by the security services division of the home ministry. There will be an office for registrar. The registrar will be the chief of this office.

According to the new law, any citizen will get citizen certificate or a number immediately after birth. This number will remain unchanged. When a citizen will get this number, he or she will not require any other number for identity.

Naturally, question arises, why is it necessary to transfer the NID registration process to the home ministry after so many years? The Election Commission has already developed an institutional infrastructure and trained manpower. Will they also go under the home ministry, or new manpower will be appointed? It has been said that the responsibility of voter list will remain with the EC.

Registering 170 million people for National Identity Cards (NID) is indeed a monumental task. The Election Commission (EC) has acquired valuable experience and expertise in handling such a large-scale registration process. Transferring the responsibility of NID issuance to the home ministry would inevitably limit the power of the EC. Additionally, it raises concerns about the appropriateness of the executive branch curtailing the powers of a constitutional institution.

Currently Election Commission provides NID to citizens 18 years and above. If the home minister provides NID after birth and the EC registers citizens of 18 years and above, there is possibility of duplication in authority. The government's decision to transfer NID from the EC to the home ministry comes at a time of heightened tensions between the government and the opposition regarding elections. If this decision is made without political consensus, it is likely to foster suspicion and mistrust between the two sides.