A Faridabad 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 per the Faridabad scheme raises significant constitutional concerns following the Supreme Court's ruling on Aadhaar.

In the landmark judgment delivered on September 26, 2018, in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court declared the mandatory linking of Aadhaar to various services unconstitutional, except for certain welfare schemes. The court held that:

• Aadhaar is not mandatory for services and benefits that do not directly relate to the welfare schemes funded by the government.
• While the Aadhaar Act, 2016, provides a legal framework for Aadhaar, the court ruled that the mandatory requirement infringes on the right to privacy, which is a fundamental right under Article 21 of the Constitution.

Given this ruling, several implications arise regarding the Faridabad scheme:

• The scheme must be evaluated to determine if it falls under the category of welfare schemes. If it does not, the requirement to link Aadhaar to mobile numbers may be deemed unconstitutional.
• Section 7 of the Aadhaar Act states that Aadhaar can be required for availing subsidies, benefits, or services, but this does not extend to private services like mobile connections.
• The Supreme Court's ruling emphasizes that individuals cannot be denied basic services based on their failure to provide Aadhaar, which includes mobile service providers.

Moreover, the Supreme Court highlighted that the collection of Aadhaar numbers and biometric data must be done with the individual's consent and that the government must ensure stringent data protection measures are in place.

In conclusion, if the Faridabad scheme enforces Aadhaar linking for mobile numbers without a clear connection to welfare benefits, such a requirement may be unconstitutional based on the Supreme Court's ruling. Individuals affected by this scheme may challenge it in court, citing the violation of their fundamental rights as established in the judgment.