A Agra scheme forced me to link Aadhaar to my mobile number. Is this constitutional after the Supreme Court ruling?

Detailed Legal Analysis

The requirement to link Aadhaar to your mobile number under the Agra scheme may raise constitutional concerns, particularly following the Supreme Court's ruling in 2018 which addressed the validity of Aadhaar under the Constitution of India.

In the landmark judgment delivered on September 26, 2018, in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court upheld the constitutionality of Aadhaar but imposed certain restrictions on its use. The court ruled that:

• The Aadhaar Act, 2016, is valid but the mandatory linking of Aadhaar to various services and benefits is unconstitutional if it violates the right to privacy.
• Linking Aadhaar to mobile numbers was deemed unconstitutional, as it was not a necessary requirement for the provision of services.
• Section 7 of the Aadhaar Act allows the use of Aadhaar for government benefits and services, but this does not extend to private entities, including telecom companies.
• The Supreme Court emphasized that citizens should not be forced to provide their Aadhaar numbers for services that do not require it.

Given this context, if the Agra scheme mandates the linking of Aadhaar to mobile numbers, this could potentially be challenged on constitutional grounds. Here are key points to consider:

• Right to Privacy: The linking may infringe upon an individual's right to privacy as established in the Puttaswamy judgment.
• Regulatory Authority: The Telecom Regulatory Authority of India (TRAI) has stated that mobile service providers should not mandate Aadhaar for connection.
• Judicial Precedents: Several High Courts have ruled against mandatory Aadhaar linking in non-social schemes.
• Public Interest: Any scheme that violates constitutional rights may be challenged in court as it does not serve a legitimate public interest.

Therefore, if you feel that the Agra scheme is unconstitutional in its requirement to link Aadhaar to your mobile number, you may consider seeking legal recourse. A writ petition can be filed in the High Court challenging this requirement based on the principles laid down by the Supreme Court.