'Move high court', SC on Surjewala's plea challenging linking Aadhaar to voter card

New Delhi, July 25

The Supreme Court on Monday asked Congress leader Randeep Singh Surjewala to move a competent high court 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 do not you move the Delhi High Court. You will have the same remedy...why have you come here?" Surjewala's counsel submitted that three different states will go for elections in 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 the petitioner can go to the Delhi High Court.

In its order, the top court said: "In view of the remedy which is available in the law, we grant liberty to the petitioner to move a petition under Article 226 (of the Constitution) before the competent high court".

Surjewala's plea contended that linking "infringe upon the fundamental right of privacy of citizens and therefore are unconstitutional and ultra vires the Constitution of India"

The plea urged the top court to pass a direction declaring that Section 4 and Section 5 of the Election Law (Amendment) Act, 2021 infringe upon the fundamental right of privacy of citizens and therefore are unconstitutional and ultra vires the Constitution.

The petition says, "The Amendment intends to link two completely distinct documents (along with their data), i.e., the Aadhaar Card, which is a proof of residency (permanent or temporary) and EPIC/Voter ID, which is a proof of citizenship. Hence, making it amply evident that the linkage of Aadhaar and Voter ID is completely irrational..."