The Supreme Court earlier said the Aadhaar voter identity card linking will be voluntary.

New Delhi:

The controversial law to link Aadhaar and Voter Identity Card has been challenged in the Supreme Court, with Congress’s Randeep Singh Surjewala demanding that it be scrapped. In his petition, Mr Surjewala has called the law “unconstitutional” and a violation of the rights to privacy and equality. The top court will hear the case tomorrow.

The project to link Aadhaar with electoral data was started by the Election Commission as part of the electoral reforms process. The idea was to stop multiple entries in electoral rolls and make them error-free.

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”.

The government has contended that it is meant to remove fake voters by stopping people from registering their names on the electoral rolls in multiple states.

The opposition has argued that allowing the Aadhaar-voter ID link could lead to more non-citizens voting in the country.

The Congress has been protesting against the bill, alleging that it was rushed through Parliament in the Winter Session without any real debate on possible flaws. The law was passed by both houses within 24 hours.

Besides the Congress, MK Stalin’s DMK, Sharad Pawar’s Nationalist Congress Party, the Trinamool Congress, Shiv Sena and the BSP have opposed the new laws.

Trinamool MP Derek O’Brien was suspended after he was accused of throwing the rule book at the Rajya Sabha Chair during protests over the bill.

“Aadhaar was meant to be proof of residence, not  citizenship,” Congress MP Shashi Tharoor has said. “If you are asking for an Aadhar card from the voter, all you get is a document that reflects residence. You are potentially giving voting rights to non-citizens,” he had added.

Under the right to privacy judgment of the Supreme Court, the seeding of Aadhaar with voter identity cards will be voluntary. Law Minister Kiren Rijiju has underscored that the linking will be voluntary.

“It would be voluntary and not compulsory to link voter ID card with Aadhaar. Even if a citizen does not have an Aadhaar card, his name will not be deleted from electoral rolls. If you are above 18 and your name is in the voting list… then you are a voter,” Mr Rijiju had told NDTV during an exclusive interview.