A Gorakhpur 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 as part of a Gorakhpur scheme may raise constitutional concerns, especially in light of the Supreme Court's ruling in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, which declared the Aadhaar Act as constitutionally valid but limited its application.

In the 2018 judgment, the Supreme Court upheld the constitutional validity of Aadhaar, but it also emphasized several key points regarding privacy and the scope of Aadhaar usage:

• The Supreme Court ruled that Aadhaar cannot be mandatory for services that are not provided by the government.
• It stated that the linking of Aadhaar to mobile numbers is unconstitutional as it violates the right to privacy.
• The Court restricted the use of Aadhaar in contexts such as school admissions and bank accounts unless mandated by law.

Based on these rulings, the following points should be considered regarding the linkage of Aadhaar to mobile numbers in Gorakhpur:

• Voluntariness: Linking Aadhaar to mobile numbers should be voluntary and cannot be made a prerequisite for accessing services, unless explicitly mandated by legislation.
• Privacy Concerns: The Supreme Court has emphasized that linking personal data with Aadhaar could infringe upon an individual's right to privacy, which is constitutionally protected under Article 21 of the Indian Constitution.
• Legislative Backing: Any requirement to link Aadhaar to a mobile number must have a clear legislative basis; mere administrative rules or schemes cannot override constitutional protections.

In conclusion, if the Gorakhpur scheme lacks legislative backing or mandates Aadhaar linkage for non-government services, it may be unconstitutional, violating the principles established by the Supreme Court. Individuals facing such requirements should consider filing a legal challenge or seeking clarification from authorities regarding the legality of the scheme in light of these constitutional safeguards.