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

Detailed Legal Analysis

The scheme in Belgaum that mandates linking Aadhaar to mobile numbers raises constitutional concerns following the Supreme Court's ruling in 2018, which declared that the Aadhaar Act is constitutional but also imposed limitations on its use.

In the landmark judgment delivered by the Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), the Court held that:

• Aadhaar is not mandatory for services provided by private entities.
• Mandatory linking of Aadhaar to mobile numbers is unconstitutional, as it violates the right to privacy.
• Section 7 of the Aadhaar Act, which allows for mandatory linking for government subsidies and benefits, does not extend to private services, including mobile phone services.

Thus, the decision to enforce Aadhaar linkage with mobile numbers in Belgaum may be unconstitutional if it is applied indiscriminately beyond the scope outlined by the Supreme Court. Here are key points to consider:

• Right to Privacy: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. Any scheme that compels individuals to link their Aadhaar to mobile numbers could infringe upon this right.
• Voluntary Linking: The Supreme Court specified that linking Aadhaar is voluntary for services not provided by the government. Hence, forcing individuals to link their Aadhaar for mobile services is impermissible.
• Legal Recourse: Individuals who feel aggrieved can challenge the scheme in a High Court or the Supreme Court, asserting that it contravenes the principles established in the Puttaswamy judgment.
• Enforcement Mechanism: Authorities implementing such schemes must ensure compliance with the Supreme Court's directives to avoid legal liabilities.

In conclusion, while the Aadhaar Act does have constitutional backing, the specific requirement to link Aadhaar to mobile numbers, especially in a non-governmental context, is likely unconstitutional based on the Supreme Court's 2018 ruling. Affected individuals are encouraged to seek legal advice and consider appropriate actions to address any coercive measures related to Aadhaar linkage.