A Ghaziabad 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 a Ghaziabad scheme may not be constitutional, particularly after the Supreme Court's ruling in 2018 regarding the Aadhaar Act.

In the landmark case of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), the Supreme Court ruled that the right to privacy is a fundamental right under Article 21 of the Constitution of India. The court also made crucial observations regarding the use of Aadhaar. Here are the key points from the ruling that may apply to your situation:

• Voluntariness: The Supreme Court emphasized that linking Aadhaar should not be mandatory for services that do not involve subsidies or welfare schemes provided by the government. This indicates that mandating Aadhaar for mobile connections could be unconstitutional.
• Proportionality: The court ruled that any law that infringes on the right to privacy must meet the test of proportionality. It should only be implemented if it's necessary and if less intrusive means are not available.
• Legitimacy of Purpose: The court clarified that the purpose behind the collection of biometric data and linking of Aadhaar should be legitimate. Forcing individuals to link Aadhaar to mobile numbers needs to be justified with a clear public interest.
• Data Security: The Supreme Court also raised concerns regarding the security and protection of personal data. It stressed that there must be adequate safeguards to protect individuals' private information.

Furthermore, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 allows for the use of Aadhaar primarily for purposes related to welfare schemes. The Act does not provide the government or private entities the authority to mandate Aadhaar linking for all services, including mobile connectivity.

In light of these factors, forcing you to link your Aadhaar to your mobile number in Ghaziabad may violate your constitutional rights as established by the Supreme Court. If you feel your rights are being infringed upon, you may consider seeking legal recourse or approaching consumer forums for further assistance.