SC asks Surjewala to move to Delhi HC with Election Law Amendment Act challenging plea

On Monday, Supreme Court asked Congress leader Randeep Singh Surjewala to move to Delhi High Court with his plea challenging the Election Law Amendment Act.

Justices DY Chandrachud and AS Bopanna’s panel did not take up Randeep Singh Surjewala ‘s public interest litigation (PIL), challenging the Election Law Amendment Act. Supreme Court did permit him to pull out his argument and file a high court application if required.

The Congress leader raised a petition and said linking of the cards “infringes upon the fundamental right of privacy of citizens and is unconstitutional and ultra vires the Constitution”.

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SC denies Surjewala

“Linking of Aadhaar data with Electronic Electoral Photo Identity Card data will allow the personal and private data of voters to be available to statutory authority. And shall impose a limitation on the voters, i.e., the voters will now have to establish their identity. Before the Electoral Registration Officer by furnishing their respective Aadhaar details.

The plea further added that “the situation will further be aggravated by the fact that at present there are no laws for protecting the data of citizens.”

On Monday, the Supreme Court instructed Congressman Randeep Singh Surjewala to transfer his appeal against the Election Law Amendment Act. Which permits tying electoral roll data to the Aadhaar ecosystem, to the Delhi High Court.

Election Law Amendment Act

It permits electoral registration officers to inquire applicants for Aadhaar numbers. “For the purpose of establishing identity” before registering them as voters.

After the Supreme Court noted that “the Aadhaar card system was wholly voluntary”. And was only intended to be used as proof of residence and not citizenship. Moreover, a similar attempt to link Aadhaar to Voter ID cards was shelved in 2015.

The Centre has also argued that linking Aadhaar to Voter IDs was crucial in eliminating bogus and unnecessary voter cards. Hence making elections more fair and transparent, refuting the Opposition’s contention that the bill infringes citizens’ Right to Privacy.