A Bhopal 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 Bhopal scheme raises significant constitutional questions following the Supreme Court's ruling on the matter.

In the landmark case of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017), the Supreme Court held that the right to privacy is a fundamental right under Article 21 of the Constitution of India. This ruling has substantial implications for the mandatory linking of Aadhaar to various services, including mobile numbers.

Here are key points regarding the constitutionality of the Aadhaar linkage requirement:

• Supreme Court Ruling: The Supreme Court ruled that while the Aadhaar Act (2016) was constitutionally valid, the mandatory linking of Aadhaar was not necessary for all services, and privacy must be respected.
• Voluntary vs. Mandatory: The Court emphasized that linking Aadhaar to mobile numbers should be voluntary and cannot be imposed as a condition to access services unless a lawful requirement exists.
• Section 7 of the Aadhaar Act: This section permits the government to mandate Aadhaar for availing of subsidies, benefits, or services, but the Supreme Court clarified that this does not extend to all services like mobile connectivity.
• Impact on Existing Schemes: Any scheme that compels individuals to link Aadhaar to services not covered under Section 7 may be deemed unconstitutional, as it infringes on the right to privacy and personal autonomy.
• Legal Recourse: If you feel that your rights are being infringed upon by the requirement to link Aadhaar to your mobile number, you may challenge the constitutionality of this mandate in High Court or file a Public Interest Litigation (PIL) if it affects a larger group.

In conclusion, the requirement imposed by the Bhopal scheme to link Aadhaar to mobile numbers potentially contravenes the Supreme Court's ruling on privacy rights, making it constitutionally questionable. It is advisable to seek legal counsel to assess your specific situation and explore possible actions against such mandates.