A Haldwani 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 the Haldwani scheme raises constitutional concerns in light of the Supreme Court's ruling in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017). The Supreme Court declared that the right to privacy is a fundamental right under Article 21 of the Indian Constitution, which has implications for the mandatory linking of Aadhaar.

Here are some key points to consider regarding the constitutionality of the Aadhaar linking requirement:

• Supreme Court Ruling: The Supreme Court, in its landmark judgment on September 26, 2018, held that while Aadhaar is valid for welfare schemes, it cannot be made mandatory for services such as mobile connections or bank accounts.
• Article 21 - Right to Privacy: The judgment emphasized that the right to privacy encompasses the right to control one’s personal information, making mandatory Aadhaar linkage potentially unconstitutional for non-welfare schemes.
• Section 7 of the Aadhaar Act, 2016: This section outlines that Aadhaar is mandatory for receiving certain benefits. However, it does not extend this requirement to services like mobile number registration, which are not welfare-related.
• Aadhaar Act Provisos: The Supreme Court ruled that the Aadhaar Act cannot be used to infringe upon individual privacy rights, particularly in contexts unrelated to welfare benefits.
• Possible Legal Recourse: If you feel your rights are being infringed upon, you can challenge the requirement in a local court or approach the High Court under Article 226 of the Constitution for a writ petition.

In summary, the forced linking of Aadhaar to your mobile number under the Haldwani scheme is likely unconstitutional following the Supreme Court's ruling. You may have grounds to contest this requirement based on the principles of privacy and the limited scope of Aadhaar's mandatory use as defined by the court.