Constitution (129th Amendment) Bill, 2024

The Constitution (129th Amendment) Bill, 2024 seeks to embed the Aadhaar biometric identity system into India’s electoral framework by amending several core articles of the Constitution. Its hallmark is the proposal to make Aadhaar linkage a prerequisite for voter registration and to empower the Election Commission to authenticate voters electronically at the polls, a move that would fundamentally reshape the mechanics of the world’s largest democracy.

Historical Background

The bill was introduced in the Lok Sabha on 19 August 2023 by the Minister of Law and Justice, Kiren Rijiju, amid a broader governmental push to modernise electoral administration. It builds on Article 326, which guarantees adult suffrage, and on the Supreme Court’s 2018 Puttaswamy judgment that upheld Aadhaar’s constitutionality for welfare schemes but left open its use for elections. Earlier attempts to clean electoral rolls—such as the 2003 Election Commission’s “clean‑up” drives—had limited success, prompting legislators to consider a biometric anchor.

Mechanism and Key Provisions

The bill proposes four specific constitutional amendments:

1. •

   Article 326(1) – the text would be altered to require that a voter’s name appear on the electoral roll and be linked to a valid Aadhaar number, effectively making Aadhaar a statutory identity proof for voting.

2. •

   Article 324(1) – a new clause 324(1A) would be inserted, authorising the Election Commission of India (ECI) to “use any electronic means, including biometric authentication, for verification of the identity of voters at polling stations.”

3. •

   Article 327 – the amendment would empower Parliament to enact laws for “the integration of Aadhaar data with electoral rolls and the establishment of a centralised biometric database of voters.”

4. •

   Article 328 – a parallel provision would grant State Legislatures the same authority to legislate on Aadhaar‑linked voting within their jurisdictions.

In addition, the bill outlines penalties for non‑compliance, mandating that any voter who fails to link Aadhaar within a six‑month window after a notification may be barred from casting a ballot, subject to a grievance‑redressal mechanism overseen by the ECI.

Legislative Journey and Current Status

After its introduction, the bill was referred to the Parliamentary Standing Committee on Law and Justice on 30 August 2023. The committee’s report, submitted on 15 December 2023, recommended safeguards such as a “temporary exemption clause” for citizens unable to obtain Aadhaar due to technical or geographic constraints. The Lok Sabha passed the amendment on 19 August 2023 with a majority of 311 votes, but the Rajya