The Election Laws (Amendment) Bill, 2021

Introduction

Bill No. 162 of 2021

Ministry: Law and Justice

Status: passed

Introduced: in Lok Sabha- on 20^th December 2021.

Passed in Rajya Sabha- on 21^st December 2021

Highlights of the The Election Laws (Amendment) Bill, 2021

Linking electoral roll data with Aadhar

as per provisions laid down in the Representation of the People Act, 1950 if a person wants inclusion of his/her name in the electoral roll of a certain constituency, he/she has to apply for this to the electoral registration officer. After verification, if the officer is satisfied that the applicant is entitled to registration, he will direct the applicant’s name to be included in the electoral roll. The Election Laws (Amendment) Bill, 2021 adds a provision in this system that the registration office may ask the applicant to furnish his/her Aadhar number. He may be required to furnish Aadhar number in two situations:

1. If the applicant has to enter his/her name first time in the electoral roll- establish his/her identity.

2. If the applicant is already on the electoral roll- establish his/her authentication of entries in the roll.

However, a person cannot be denied inclusion in the electoral roll or have his/her name deleted from the roll if he/she is unable to furnish an Aadhar number. But he/she has to show that he/she has sufficient cause for that. In such a situation the Bill permits him/her to furnish alternate documents prescribed by the central government.

2. Qualifying date for enrolment in electoral roll

As per the Representation of the People Act, 1950 the qualifying date is 1 January of every year. For example, a person was born on 2 January. So, he completes his 18^th birthday on 2^nd January. But law give qualifying date for voter list 1^st January. Therefore, he has to wait one year and next year 1 January, he will be considered as eligible for enrollment in the electoral roll (voter list). Proposed Bill amend this single qualifying date to 4 qualifying dates in a calendar year.

1 January

1 April

1 July, and

1 October

3. Requisitioning of premises for election purposes

 The Act of 1951 permits the state government to requisition premises needed or likely to be needed for being used as polling stations, or for storing ballot boxes after a poll has been conducted.  The Bill expands the purposes for which such premises can be requisitioned.  These include using the premises for counting, storage of voting machines and poll-related material, and accommodation of security forces and polling personnel.

 Gender-neutral provisions

 The 1950 Act permits certain persons who are ordinarily resident in a constituency to register in electoral rolls. Such persons include those holding a service qualification, such as members of the armed forces or central government employees posted outside India.  The wives of such persons are also deemed to be ordinarily residing in the same constituency if they reside with them.  The 1951 Act enables the wife of a person holding a service qualification to vote either in person or by postal ballot.  The Bill replaces the term ‘wife’ with ‘spouse’ in both Acts.