Thread by @lawbarandbench

#SupremeCourt hearing PIL challenging Central govt move to link Aadhaar numbers with electoral voter IDs/rolls.

Matter before Justices Sanjay Kaul and AS Oka.

Sr Adv Shyam Divan: Right to vote is one of the most scared rights. [Takes Court through plea and relevant enabling legislation]

#SupremeCourt #aadhaarcard #vote

Justice Kaul: You argument seems to be lacking Aadhaar should not deny one voting or even on having it , it should not be compulsory.

Divan: Yes that is my principle stand.

#SupremeCourt #aadhaar #voting

Justice Oka: Your contention is you have Aadhaar and passport, but you are not being allowed to rely solely on passport.

Divan reads from Puttaswamy judgment to argue that right to privacy cannot be subverted.

#SupremeCourt #aadhaar #vote

Divan: My lords must have seen from office report that SLP Petitioner has challenged two other provisions. Now there was amendment to Aadhaar Act, so two pleas shown as pending. My respectful submission is I have two Petitions already pending on issue.

#SupremeCourt

Divan: One against an ordinance, another against an Act.

Bench discusses.

Justice Kaul: Something will have to be out on record, whether a challenge or modification is necessary.

#SupremeCourt #aadhaar #voting

Order: Petitioner has drawn attention to Aadhar judgment to contend that only if some benefit is sought to be considered then Aadhaar can be mandatory but not to deny rights, and the right to vote is the highest of such rights.

#SupremeCourt

Justice Oka points out that in tribal areas even alternatives may not be available.

Divan: Yes, we will address those as well.

#SupremeCourt

Bench then proceeded to tag the PIL with pending challenges to amendments to Aadhaar Act.

#SupremeCourt #voter #voting #aadhaar