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

Detailed Legal Analysis

Linking Aadhaar to a mobile number through a scheme in Kozhikode raises significant constitutional concerns, particularly following the Supreme Court's ruling in 2018.

The Supreme Court of India, in the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), declared that the Aadhaar Act, 2016, is constitutional in its essence but also established critical limitations. The Court ruled that:

• Aadhaar cannot be made mandatory for services like banking, mobile connections, or school admissions.
• Individuals cannot be forced to link Aadhaar with their mobile numbers as a prerequisite for availing services.
• Privacy is a fundamental right under Article 21 of the Constitution, which protects individuals against compulsory linking of personal data.

Given these rulings, any scheme in Kozhikode that mandates linking Aadhaar to mobile numbers could be viewed as unconstitutional if it does not comply with the following provisions:

• Voluntary Consent: Participation in Aadhaar linking should be voluntary and not a condition for accessing essential services.
• Alternative Identification: Individuals should have other options for identification and authentication, rather than being solely reliant on Aadhaar.
• Data Protection: There must be clear safeguards for the privacy and security of personal data as stipulated by the Supreme Court judgment.

Furthermore, the Aadhaar Act, 2016 (Section 7) allows for the use of Aadhaar for benefits and subsidies, but this does not extend to non-benefit services like mobile connections. Hence, if the scheme in question does not relate to governmental benefits or subsidies, it is likely unconstitutional.

In conclusion, if you are being compelled to link your Aadhaar to your mobile number under the Kozhikode scheme, it may contravene the Supreme Court's ruling, which protects your right to privacy and prohibits mandatory linking of Aadhaar for services unrelated to welfare benefits.