Lok Sabha passes Election Laws (Amendment) Bill, 2021

Context

The Election Laws (Amendment) Bill, 2021 that aims to give effect to the long-pending electoral reforms including linking Aadhaar with the voter ID card has been passed in the Lok Sabha.

Key-highlights of the Bill

• Election Laws (Amendment) Bill 2021 will allow electoral registration officers to ask for the Aadhaar number of people who want to register as voters, once passed. They will ask for an Aadhaar number to establish the identity.
• Bill also seeks to allow electoral registration officers to ask for Aadhaar numbers from persons who have already been included in the electoral roll. 
  • This will be done to authenticate the entries in the electoral roll as well as to identify registration of name of the same person in the electoral roll of more than one constituency or to identify the registration of name more than once in the same constituency.
• Bill also makes it clear that, “no application will be denied for inclusion of name in the electoral roll and no entries will be deleted for inability of individuals in the electoral roll, to intimate Aadhaar number due to such sufficient cause.
• Such people will be allowed to furnish other alternative documents as may be prescribed.

Proposed amendment to provisions of RP Act

• The bill proposes to amend the provisions of the Representation of Peoples (RP) Act, 1950 and the RP Act, 1951.
• Section 23 of the RP Act, 1950 – The amendment enables linking of electoral roll data with the Aadhaar ecosystem.
  • The objective is to curb the menace of multiple enrolment of the same person in different places.
• Section 14(b) of the RP Act, 1950 – It specifies the 1st day of January, 1st day of April, 1st day of July and 1st day of October in a calendar year as qualifying dates in relation to the preparation or revision of electoral rolls.
• Section 20 of the RP Act, 1950 and section 60 of the RP Act – The amendment substitutes the word "wife" with the word "spouse" making the statutes gender neutral.
  • Now any woman officer’s husband can act as a service voter.
• Section 160 of the RP Act, 1951 – The amendment enables the requisition of premises that are needed for being used as polling stations, for counting, for storage of ballot boxes, voting machines and poll related material after a poll has been taken accommodation for security forces and polling personnel for such period as are notified under section 30 of the said Act.

Associated Concern

• Aadhaar Act does not allow for the linking of Aadhaar with the electoral roll.
• It is an act which is for the targeted delivery of financial and other subsidy benefits and services.
• The linking of voter ID with Aadhaar violates the fundamental right of privacy defined in Puttaswamy case.
• Aadhaar was only meant to be proof of residence. It is not proof of citizenship. In our country, only citizens are allowed to vote.