A Bareilly 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 a mobile number in the Bareilly scheme raises constitutional questions, especially in light of the Supreme Court's ruling in 2018 regarding the Aadhaar Act.

The Supreme Court of India, in its landmark judgment delivered on September 26, 2018, declared that the mandatory linking of Aadhaar with various services, including mobile numbers, was unconstitutional. The Court held that while Aadhaar could be used to provide social welfare benefits, making it compulsory for services such as mobile connections infringed upon the right to privacy, which is a fundamental right under Article 21 of the Indian Constitution.

Key points from the Supreme Court ruling include:

• The Aadhaar Act (2016) was found to be valid in terms of providing benefits to marginalized sections of society but had limitations concerning its mandatory use.
• The linking of Aadhaar to mobile numbers was deemed unconstitutional as it violated citizens' privacy rights.
• The Court emphasized that no individual should be denied basic services or benefits for failing to link Aadhaar.

Considering this context, the following points are crucial regarding the constitutionality of the Bareilly scheme:

• If the scheme mandates Aadhaar linkage for obtaining or retaining a mobile connection, it contradicts the Supreme Court's ruling.
• Citizens have the right to challenge such mandates as unconstitutional under Article 32 or Article 226 of the Constitution, which allows for the enforcement of fundamental rights.
• Telecom companies are not legally bound to enforce Aadhaar linkage following the Supreme Court's decision, potentially making such a requirement by the Bareilly scheme unenforceable.
• Individuals facing coercion to link Aadhaar may file complaints with the appropriate authorities or seek judicial intervention.

In conclusion, the forced linking of Aadhaar to mobile numbers in the Bareilly scheme is likely unconstitutional based on the Supreme Court's 2018 judgment, and affected individuals should assert their rights against such mandates.