A Bhagalpur 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 under the Bhagalpur scheme raises constitutional concerns following the Supreme Court's ruling in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018).

In this landmark judgment, the Supreme Court held that while Aadhaar serves a legitimate purpose, its mandatory linkage with services like mobile numbers is unconstitutional if it violates the right to privacy. Here are key points regarding the implications of this ruling:

• Right to Privacy: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India.
• Mandatory Linkage: The court ruled that making Aadhaar mandatory for accessing services is unconstitutional unless it falls under a legitimate state aim and is proportionate.
• Voluntary Nature: The judgment emphasized that linking Aadhaar should be voluntary and not enforced coercively.
• Specific Use Cases: The judgment allowed the use of Aadhaar for welfare schemes and subsidies, but not for private services like mobile connections.

Considering the above points, if the Bhagalpur scheme enforces the linking of Aadhaar to mobile numbers, it likely contravenes the Supreme Court's ruling. The court's emphasis on the voluntary nature of Aadhaar linkage suggests that:

• Individuals should not be compelled to link Aadhaar to access mobile services.
• Service providers must seek alternative methods for identity verification that do not infringe on individuals' rights.
• Persistent efforts to enforce such a requirement could be challenged in court as unconstitutional.

Furthermore, the Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications (DoT) have issued guidelines that should align with the Supreme Court's decision. Any policy mandating Aadhaar linkage that does not comply with these guidelines could be subject to legal scrutiny.

In conclusion, the forced linkage of Aadhaar to mobile numbers under the Bhagalpur scheme appears to be unconstitutional based on the Supreme Court ruling, and individuals may have the right to challenge such mandates in a court of law.