A Gangtok 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 through the Gangtok scheme raises constitutional concerns following the Supreme Court ruling in 2018, which established that Aadhaar cannot be made mandatory for services and that privacy is a fundamental right under Article 21 of the Constitution of India.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India, (2018) 1 SCC 809, the Supreme Court made several key declarations regarding Aadhaar:

• Aadhaar is not mandatory: The Court held that while Aadhaar can be used for certain benefits and services, it cannot be made compulsory for all services, including mobile numbers.
• Right to privacy: The Supreme Court affirmed that the right to privacy is a fundamental right, and any infringement requires a valid law, which is proportional and legitimate in nature.
• Data protection concerns: The ruling emphasized the need for robust data protection measures, as the Aadhaar system involves sensitive personal information.

Given this context, the Gangtok scheme's mandate to link Aadhaar with mobile numbers may be unconstitutional for the following reasons:

• Violation of privacy: Forcing individuals to link their Aadhaar with mobile numbers without their consent can be seen as a violation of the right to privacy.
• Lack of legislative backing: The scheme may lack the necessary legal framework or legislative backing to enforce such a requirement, which could render it void.
• Potential overreach: This requirement could be interpreted as an infringement on personal autonomy and civil liberties, leading to potential legal challenges.

Moreover, under the Telecom Regulatory Authority of India Act, 1997, the authority has regulations governing the subscription and verification processes for mobile services. Any mandate that contradicts the Supreme Court's ruling on Aadhaar could be contested and possibly declared unenforceable.

In conclusion, the linking of Aadhaar to mobile numbers under the Gangtok scheme seems unconstitutional post the Supreme Court ruling, and individuals may have grounds to challenge this requirement legally.