A Dibrugarh 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 as part of the Dibrugarh scheme raises significant constitutional questions, especially following the Supreme Court's ruling in 2018 regarding the Aadhaar Act.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), the Supreme Court of India declared the mandatory linking of Aadhaar with various services unconstitutional in certain contexts. Here are the key points regarding the constitutionality of linking Aadhaar to mobile numbers:

• Supreme Court Ruling: The Supreme Court, in its ruling, held that the Aadhaar Act, 2016, is constitutionally valid in the context of welfare benefits but not for the purposes of identification for private entities.
• Mandatory vs. Voluntary: The Court specified that linking Aadhaar to mobile numbers should be voluntary and not mandatory. This means that compelling individuals to link their Aadhaar to mobile services can be viewed as a violation of the right to privacy.
• Right to Privacy: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India, stating that any infringement must meet strict scrutiny and serve a legitimate aim.
• Exemptions and Non-Compliance: The ruling allows for the use of Aadhaar for welfare schemes, but linking with mobile numbers does not fall under this category. Therefore, individuals should not be penalized for non-compliance in this regard.
• Legal Protections: Under the Aadhaar Act, Section 7 permits the use of Aadhaar for benefits and subsidies, but it does not extend to private services like mobile networks.
• Further Legal Recourse: If you feel that your rights are being violated due to this scheme, you may consider approaching the appropriate legal forums or consumer courts to challenge the mandatory linking requirement.

In conclusion, compelling individuals to link Aadhaar to their mobile numbers under the Dibrugarh scheme could be deemed unconstitutional, as per the Supreme Court ruling, which emphasizes that such requirements should not infringe on individual privacy rights. It is advisable to seek legal advice if you wish to contest this requirement.