It is unfortunate that yet another important bill with far-reaching implications for our democracy has been passed by both Houses of Parliament without a discussion. The Election Laws (Amendment) Bill 2021, which provides for the linking of electoral cards with the Aadhaar number, was passed by a voice vote amidst protests from the Opposition. Some Opposition members demanded that it be referred to a parliamentary panel. Since the provisions of the bill related to serious matters like citizenship, voting rights and personal identity, there should have been a detailed debate on its provisions. The government seemed to be in a hurry and the demand for referring the bill to a parliamentary committee was rejected. Law Minister Kiren Rijiju, who introduced the bill, told the Lok Sabha that some proposals which are part of the bill had already been recommended by the Standing Committee of Law and Personnel. This was an inadequate reply and there was need for more clarity on the matter.
The bill raises some genuine and serious concerns. A voter ID card is given only to citizens; an Aadhaar number is only a tool to verify identity, and is available to all residents, including non-citizens. A linkage between the two is unnatural and problematic. It has been pointed out that it can potentially lead to a situation in which non-citizens may get the voting right or bona fide citizens may be denied the right. Some critics have mentioned the possibility of disenfranchisement of voters with the help of the new law. Electoral registration officers can demand the Aadhaar number of those who seek a voter ID and even of those who already have the card. Refusal can mean denial of the voting right, though the linking is now said to be optional. But if such linking was optional, then why make a law? It is claimed that the linking will help to weed out fake voting cards. Maintaining the electoral list and ensuring that it is correct is the Election Commission's responsibility. There is no information that suggests that the EC has asked for a law on this matter.
The bill also faces criticism on the ground that it violates the Supreme Court judgement in the Puttaswamy case which has made privacy a fundamental right. Linking the voter ID with Aadhaar violates the right to privacy as defined by the judgement, and the competence of the government to legislate on the matter has been questioned. The Supreme Court judgement on Aadhaar had limited its use to welfare schemes, whereas voting is a constitutional right. The use of Aadhaar in matters related to citizenship might go beyond its scope as prescribed by the court.