Surjewala, in his plea, alleged that linking of the cards "infringes upon the fundamental right of privacy of citizens and is unconstitutional".
The Supreme Court on Monday asked Congress leader Randeep Singh Surjewala, who has challenged the Election Law (Amendment) Act, 2021 that enables linking of electoral roll data with the Aadhaar ecosystem, to approach the competent high court.
A bench of Justices D Y Chandrachud and A S Bopanna asked Surjewala's counsel as to why they have not approached the high court first.
"Why do not you move the Delhi High Court. You will have the same remedy. You are challenging sections 4 and 5 of the Election Law (Amendment) Act of 2021. Why have you come here? You can go to the Delhi High Court," the bench observed.
The counsel representing the Congress leader said three different states will go for elections in the next six months.
"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," the bench said.
The top court was hearing Surjewala's plea challenging the constitutional validity of section 4 and 5 of the Election Law (Amendment) Act, 2021.
The Congress leader, in his plea, submitted that the linking of the cards “infringes upon the fundamental right of privacy of citizens and is unconstitutional and ultra vires the Constitution".
"Linking of Aadhaar data with Electronic Electoral Photo Identity Card data will allow the personal and private data of voters to be available to a 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 (Respondent No. 2) by furnishing their respective Aadhaar details.
"The situation will further be aggravated by the fact that at present there are no laws for protecting the data of citizens," the plea said.
The Congress leader, in his plea, submitted that the linking of the cards "infringes upon the fundamental right of privacy of citizens and is unconstitutional and ultra vires the Constitution".
"Linking of Aadhaar data with Electronic Electoral Photo Identity Card data will allow the personal and private data of voters to be available to a 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 (Respondent No. 2) by furnishing their respective Aadhaar details.
"The situation will further be aggravated by the fact that at present there are no laws for protecting the data of citizens," the plea said.
Refuting the Opposition's claim that the law violates Right to Privacy of citizens, the Centre has contended that linking Aadhaar to Voter IDs was critical in eliminating fake and redundant voter cards, thereby making elections more fair and transparent.
The Election Laws (Amendment) Bill allows electoral registration officers to seek the Aadhaar number of people who want to register as voters "for the purpose of establishing identity".
In 2015, a similar move to link Aadhaar to Voter ID card was put on the backburner after the Supreme Court observed that “the Aadhaar card scheme was purely voluntary” and was only meant to be proof of residence, and not proof of citizenship.
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