A Manali 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 under a Manali scheme may be unconstitutional following the Supreme Court's ruling in 2018 regarding the Aadhaar Act.

In the landmark judgment delivered on September 26, 2018, the Supreme Court of India declared certain provisions of the Aadhaar Act, 2016, unconstitutional. The key points from the judgment that are relevant to your query include:

• Right to Privacy: The Supreme Court recognized the right to privacy as a fundamental right under Article 21 of the Constitution of India. The Court ruled that the Aadhaar scheme infringed upon this right when used for purposes other than those mandated by law.
• Mandatory Linking: The Court held that making Aadhaar mandatory for availing services, including mobile connections, violated individual rights unless it was backed by a law that satisfies the tests of proportionality and necessity.
• Data Protection: The judgment emphasized the need for stringent data protection measures to safeguard individual information and mandated that the collection of biometric data should be limited to what is necessary.
• Voluntary Nature: Following the ruling, linking Aadhaar to mobile numbers is no longer mandatory. Individuals can choose not to link their Aadhaar number to their mobile connections without facing penalties.

Section 7 of the Aadhaar Act, which originally mandated the linking of Aadhaar for various services, was struck down in part due to its overreach. Consequently, schemes that compel individuals to link their Aadhaar for mobile services may be viewed as unconstitutional unless they comply with the Court's directive that no individual should be compelled to provide their Aadhaar number without a valid legal basis.

Additionally, the Telecom Regulatory Authority of India (TRAI) has issued guidelines reinforcing that users should not be coerced into linking Aadhaar to their mobile numbers. This aligns with the Supreme Court's ruling, thereby providing a legal framework that protects individual rights against any mandatory linking requirements.

In conclusion, if the Manali scheme forces you to link Aadhaar to your mobile number, it is likely unconstitutional based on the Supreme Court's ruling. You may consider filing a complaint with the relevant authorities or seeking legal recourse if you feel your rights are being infringed upon.