A Moradabad 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 Moradabad scheme may raise constitutional concerns, especially after the Supreme Court's ruling in 2018 regarding the Aadhaar Act.

In the landmark judgment delivered by the Supreme Court of India on September 26, 2018, in the case of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Court held that:

• The right to privacy is a fundamental right under Article 21 of the Constitution of India.
• Aadhaar cannot be made mandatory for services, except for those involving subsidies, benefits, or services provided by the government.
• Linking Aadhaar to mobile phones was deemed unconstitutional as it infringes on the right to privacy.

Given this ruling, the following points are crucial to consider regarding the constitutionality of the Moradabad scheme:

• Voluntariness: The Supreme Court emphasized that linking Aadhaar should be voluntary for any service outside government welfare schemes.
• Privacy Concerns: Mandating Aadhaar linkage for mobile services may infringe on individual privacy rights as recognized in the 2018 ruling.
• Legality of the Scheme: If the Moradabad scheme mandates Aadhaar linking for mobile numbers without an explicit legal basis in line with the Supreme Court's findings, it may be challenged in court.
• Alternative Identification: The Supreme Court allowed other forms of identification to be used in place of Aadhaar, which could also apply to linking mobile numbers.

Furthermore, the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, and its provisions must be adhered to, particularly in ensuring that Aadhaar is not made a prerequisite for accessing non-welfare services. The Act's Section 7 explicitly restricts the requirement of Aadhaar to government subsidies and benefits.

In conclusion, if the Moradabad scheme enforces Aadhaar linkage to mobile numbers without lawful justification and does not fall under the exceptions provided by the Supreme Court, it could be deemed unconstitutional. Individuals affected by such a mandate have the right to challenge it in a court of law, citing the right to privacy and the precedents set by the Supreme Court ruling.