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

Detailed Legal Analysis

The Bhavnagar scheme requiring individuals to link their Aadhaar numbers to mobile numbers raises constitutional concerns following the Supreme Court's ruling on Aadhaar.

In the landmark judgment delivered on September 26, 2018, the Supreme Court of India upheld the constitutionality of the Aadhaar Act (2016) but also laid down significant limitations on its usage. Key points from the judgment include:

• The Supreme Court ruled that Aadhaar cannot be made mandatory for services that are not welfare-oriented, such as mobile phone connections, as it violates the right to privacy under Article 21 of the Constitution.
• Section 7 of the Aadhaar Act permits the government to mandate Aadhaar for availing benefits of subsidy, service, or any other benefits, primarily linked to welfare schemes.
• Linking Aadhaar to mobile numbers is deemed unconstitutional, as it does not fall under the purview of welfare benefits as defined by the Aadhaar Act.
• The judgment further stated that requiring Aadhaar for mobile connections violates the fundamental right to privacy, making it impermissible unless backed by law and ensuring proportionality and necessity.

Therefore, if the Bhavnagar scheme is compelling individuals to link their Aadhaar numbers to mobile connections, it contravenes the Supreme Court's ruling. The following implications arise:

• Individuals cannot be denied mobile services on the grounds of not providing their Aadhaar numbers.
• There must be alternative means of identification that do not infringe on privacy rights, ensuring compliance with the Supreme Court's mandates.
• Any scheme or policy that does not align with the constitutional provisions and the Supreme Court's interpretation of the Aadhaar Act may be subject to judicial review and could be struck down as unconstitutional.

In conclusion, the forced linkage of Aadhaar to mobile numbers under the Bhavnagar scheme is likely unconstitutional following the Supreme Court's ruling, and individuals may seek legal recourse to challenge such mandates.