A Guwahati scheme forced me to link Aadhaar to my mobile number. Is this constitutional after the Supreme Court ruling?

Detailed Legal Analysis

The scheme in Guwahati that mandates linking Aadhaar to your mobile number raises significant constitutional issues, especially after the Supreme Court ruling in 2018, which declared that the Aadhaar Act violated the right to privacy. Consequently, it is essential to analyze the legality and constitutionality of such a requirement.

In the landmark judgment delivered by the Supreme Court of India on September 26, 2018, the court held that:

• The Aadhaar scheme is constitutional but has limitations regarding its mandatory nature.
• Section 57 of the Aadhaar Act, which allowed private entities to demand Aadhaar for services, was struck down as unconstitutional.
• Linking Aadhaar to mobile numbers was deemed unconstitutional unless it is for specific government services where Aadhaar is mandated.

Based on this ruling, the following points are relevant to your query regarding the Guwahati scheme:

• Voluntary Nature: The Supreme Court emphasized that linking Aadhaar to services like mobile numbers should be voluntary and not mandatory, except in specific cases outlined by law.
• Government Guidelines: The Unique Identification Authority of India (UIDAI) stated that Aadhaar cannot be made compulsory for obtaining mobile connections, following the Supreme Court's ruling.
• Constitutional Rights: Article 21 of the Indian Constitution guarantees the right to privacy, and any compulsory linking that infringes on this right could be challenged in court.
• Legal Recourse: If you feel that the scheme violates your rights, you can file a writ petition under Article 32 or Article 226 of the Constitution in the Supreme Court or High Court, respectively.

In conclusion, the compulsory linking of Aadhaar to your mobile number under the Guwahati scheme appears to contravene the Supreme Court's ruling. You should consider voicing your concerns to the relevant authorities or seeking legal recourse to ensure your constitutional rights are upheld.