[BREAKING] Rajya Sabha passes Election Laws (Amendment) Bill 2021 to link Voter ID with Aadhaar

The Rajya Sabha on Tuesday, passed the Election Laws (Amendment) Bill 2021 which seeks to enable electoral authorities to mandate linking voter identity cards with Aadhaar.

The Bill was passed via voice vote amidst protests from the members of the opposition.

The Lok Sabha had passed the Bill yesterday.

The Bill proposes to allow electoral registration officers to seek the Aadhaar number of people who want to register themselves as voters "for the purpose of establishing the identity".

The Bill also allows the electoral registration officers to ask for Aadhaar numbers from "persons already included in the electoral roll for the purposes of authentication of entries in the electoral roll, and to identify registration of the name of the same person in the electoral roll of more than one constituency or more than once in the same constituency".

Towards this end, it seeks to insert sub-section (3) in Section 23 of the Representation of the People Act, 1950. The said provision reads as follows:

"The electoral registration officer may for the purpose of establishing the identity of any person require that such person may furnish the Aadhaar number given by the Unique Identification Authority of India as per the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016:

Provided that the electoral registration officer may also require the Aadhaar number from persons already included in the electoral roll for the purposes of authentication of entries in electoral roll and to identify registration of name of the same person in the electoral roll of more than one constituency or more than once in the same constituency."

The Bill also seeks to amend Sections 20 and 60 of the Representation of People's Act, which will allow elections to become gender-neutral for service voters.

The amendment will replace the word "wife" with the word "spouse" making the statutes "gender neutral."

Several opposition members protested against the manner in which the Bill it was tabled and passed, alleging it to be "highly undemocratic". However, Union Law Minister Kiren Rijiju defended the Bill stating that the objection by opposition members is without any basis.

Rijiju said the Bill passes the 3-step test of proportionality laid down by the Supreme Court in the Puttuswamy judgment.

Trinamool Congress Member of Parliament (MP) Derek O'Brien pointed out that the Bill was passed in the lower house yesterday and as per rules a copy of the same should be made available to the members of the House for 2 days before a motion on it is taken up.

"Unless the Chairman allows the motion to be made ... The residual power lies with with the Chair. If the Bill was passed yesterday at 3 pm our right as a Rajya Sabha MP is to bring a Select Committee for resolution. Where is the time provided? Not even one day has passed and therefore this Bill cannot be listed today it is very clear. I am not getting into the demerits. I am on procedure," he said.

Congress MP Anand Sharma reiterated how there was barely any notice given to the members of the Advisory Committee, and this was "most undemocratic".

CPI(MP) from Kerala John Brittas among others pushed for referring the Bill to a Standing Committee.

Even amidst rampant protests, the Deputy Chairman allowed the motion for moving the Election Laws Amendment Bill by Union Law Minister and Brittas' request was rejected via voice vote.

Yesterday, the Union Law Minister mentioned in the Lok Sabha that the linkage will not be mandatory. The same was reiterated today by BJP MP Sushil Kumar Modi, who mentioned that though the linkage is not mandatory, the same will "make the electoral rolls transaparent".

This Winter Session, Parliament had similarly introduced and passed Bills to repeal the three contentious farm laws.

[Read our coverage of today's Parliament Session, including the Bills introduced here]