Aadhaar-Voter ID Linking Voluntary; Voters' Names Won't Be Removed For Not Linking Voter ID With Aadhaar : Union Law Minister

The Union Minister stated that linking Aadhaar with Voter ID is voluntary and consent of the elector is required to be obtained to link the same. In terms of the Election Laws (Amendment) Act, 2021, the Electoral Registration Officers are permitted to ask the elector to provide their Aadhaar numbers for the purpose of establishing identity. However, he clarified that the same is only voluntary. The Election Commission of India has launched the programme to collect Aadhaar number of electors 'on a voluntary basis' from 01.08.2022.

Amidst allegations that the election authorities are mandating linking of Aadhaar with Voter IDs, in October, 2022, the Supreme Court issued notice in a plea, inter alia, challenging two notifications regarding Aadhaar-Voter Card linkage. A Bench comprising Justices S.K. Kaul and A.S. Oka had tagged the matter with two other petitions raising similar issues. Senior Advocate, Shyam Divan appearing on behalf of the petitioner had argued that Aadhaar card can be used only for providing benefits and cannot be insisted when a citizen is exercising rights. He contended that the right to vote cannot be denied on the grounds of not having an Aadhaar card.

The petition states that through Rules and notifications issued by the Union Government, the Election Commission of India seeks to mandate people to link their Aadhaar numbers to the electoral rolls.

"This proposed linkage would have a detrimental impact on people's ability to exercise their constitutional and legal right to vote, as it is reasonably certain to cause mass disenfranchisement, through mass exclusions from voter rolls as people are removed from the voter list without due process", the petition reads.

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

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