A Raipur 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 Raipur scheme raises significant constitutional questions, particularly in light of the Supreme Court's ruling in 2018 that established the limitations and conditions under which Aadhaar can be mandated.

According to the Supreme Court's judgment in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), the court held that while Aadhaar is constitutional, it cannot be made mandatory for services where no law exists to enforce it. The court emphasized the right to privacy as a fundamental right under Article 21 of the Constitution of India.

Key points to consider regarding the constitutionality of linking Aadhaar to mobile numbers are:

• Voluntary vs. Mandatory: The Supreme Court ruled that linking Aadhaar should not be compulsory unless it is backed by a law. If the Raipur scheme lacks legislative backing, it may be deemed unconstitutional.
• Privacy Concerns: The linkage of Aadhaar to personal services must respect the right to privacy. Any infringement must be justified under the proportionality test as laid out by the Supreme Court.
• Existing Laws: The Aadhaar Act, 2016 (specifically Sections 7 and 8) permits linking Aadhaar only for specific services provided by the government. If the Raipur scheme does not fall under these, it may violate the Act.
• Mobile Services Regulation: The Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications (DoT) have not mandated Aadhaar linkage for mobile services. There are alternate verification methods that can be used.
• Legal Recourse: If you feel that the scheme is infringing upon your rights, you may approach the High Court or the Supreme Court for relief, arguing against the compulsory nature of the linkage.

In conclusion, if the Raipur scheme lacks proper legislative backing and does not comply with the Supreme Court's ruling regarding the voluntary nature of Aadhaar linkage, it could be challenged as unconstitutional. Citizens have the right to seek legal recourse if they feel their rights are being violated under such schemes.