‘Go high court’, Top court on plea against linking Aadhaar-voter id
The plea filed by Congress leader Randeep Singh Surjewala contended that the linking of Aadhaar with voter id infringes "upon the elemental right of privacy of citizens and so are unconstitutional and ultra vires the Constitution of India".
The Supreme Court on Monday asked Congress leader Randeep Singh Surjewala to maneuver a competent tribunal with the plea challenging the Election Law (Amendment) Act, 2021, enabling linking data of electoral roll with the Aadhaar ecosystem.
A bench of Justices D.Y. Chandrachud and A.S. Bopanna told Surjewala’s counsel, “Why don't you progress the Delhi tribunal. you may have the identical remedy…why have you ever come here?” Surjewala’s counsel submitted that three different states will select elections within the next six months. The bench further added that the plea is challenging sections 4 and 5 of the Election Law (Amendment) Act of 2021 and therefore the petitioner can visit the Delhi judicature .
In its order, the highest court said: “In view of the remedy which is on the market within the law, we grant liberty to the petitioner to maneuver a petition under Article 226 (of the Constitution) before the competent high court”.
Surjewala’s plea contended that linking “infringe upon the elemental right of privacy of citizens and so are unconstitutional and ultra vires the Constitution of India”
The plea urged the highest court to pass a direction declaring that Section 4 and Section 5 of the Election Law (Amendment) Act, 2021 infringe upon the elemental right of privacy of citizens and so are unconstitutional and ultra vires the Constitution.
The petition within the apex court says, “The Amendment intends to link two completely distinct documents (along with their data), i.e., the Aadhaar Card, which could be a proof of residency (permanent or temporary) and EPIC/Voter ID, which may be a proof of citizenship. Hence, making it amply evident that the linkage of Aadhaar and Voter ID is totally irrational…”
