Names of those who do not link Aadhaar with voter ID won’t be removed from voters list

Union Law Minister Kiren Rijiju, while replying to a question in Parliament on Friday, said that the names of voters whose voter ID is not linked to Aadhaar will not be removed from the voter list.

He was replying to a question asked by three members. The Union Minister said that linking of Aadhaar with Voter ID card is voluntary and voter's consent is necessary for linking.

In terms of the Electoral Laws (Amendment) Act, 2021, Electoral Registration Officers are permitted to ask for Aadhaar number from the elector to establish identity. However, he clarified that it is voluntary. Election Commission of India has started the program to collect Aadhaar number of voters on 'voluntary basis' from 01.08.2022.

In October, 2022, the Supreme Court issued notice in a petition against two notifications regarding Aadhaar-voter card linkage amid allegations that election officials are making it mandatory to link Aadhaar with voter ID.

Justice SK Kaul and Justice AS Oka tagged the matter along with two other petitions raising similar issues. Senior Advocate Shyam Divan, appearing for the petitioner, had argued that Aadhaar card can only be used to provide benefits and cannot be insisted upon when one is exercising civil rights. He argued that the right to vote cannot be denied on the ground of not having an Aadhaar card.

The petition states that through rules and notifications issued by the Central Government, the Election Commission of India seeks to compel people to link their Aadhaar numbers with the electoral rolls.

The petition said,

"This proposed linkage will have a detrimental effect on people's ability to exercise their constitutional and legal right to vote, as it is certain to lead to large-scale exclusion from the electoral rolls, as people will be removed from the electoral rolls without due process."

Furthermore, the petitioner alleged that the linking of Aadhaar and the Election Commission of India's database compromises the secrecy of the vote, which is fundamental to the free exercise of electoral choice.

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