SC issues notice on a plea challenging Aadhaar-Voter ID card linkage

The Supreme Court has recently issued a notice to the Centre on a plea challenging the power of the Election Commission (EC) to link the Aadhaar database with voter ID cards.

The petition was filed by Major General (retired) SG Vombatkere that challenges the constitutional powers of the Election Laws (Amendment) Act, 2021, amended Section 23 and Section 28 of the Representation of People’s Act, 1950, the Registration of Electors (Amendment) Rules, 2022 and two notifications regarding Aadhaar-Voter Card linkage.

A division bench of Justices SK Kaul and Abhay S Oka was hearing the petition in which Justice Kaul said to the petitioner, “Your argument seems to be that one lacking Aadhaar, voting should not be denied or even on having it, shouldn’t be compulsory.”

Last year, the Central government passed The Election Laws (Amendment) Bill, 2021, which amended the Representation of the People Act, 1950 and the Representation Act, 1951 to implement certain electoral reforms.

Section 23(4), which was added to the Representation of the People Act, 1950, stated that an electoral registration officer may require a person to furnish their Aadhaar number for the purposes of “establishing the identity of a person” or for the “authentication of entries in electoral roll and to identify registration of name of the same person in the electoral roll of more than one constituency or more than once in the same constituency.”

The updated Act also stated that no individual will be denied inclusion in the electoral roll, nor have their names deleted from the roll if they are unable to furnish their Aadhaar number due to “sufficient cause as may be prescribed”.

Senior Advocate Shyam Divan, who was appearing for the petitioner, argued that according to Form 6 and Form 6B, the option of showing another identity proof is only available to the voter if they don’t have an Aadhaar number. The court order further stated that “An option of being unwilling to furnish an Aadhar number if alternatives are available is not permitted.”