A Rohtak 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 Rohtak scheme may be unconstitutional following the Supreme Court ruling in Justice K.S. Puttaswamy (Retd.) v. Union of India (2018), which established that the right to privacy is a fundamental right under Article 21 of the Indian Constitution.

In the Puttaswamy judgment, the Supreme Court held that the Aadhaar Act, 2016, could not be used to compel individuals to link their Aadhaar numbers to various services, including mobile numbers, without a valid legislative backing and safeguarding of privacy rights. Here are the key points regarding the linking of Aadhaar with mobile numbers:

• Supreme Court Ruling: The Supreme Court ruled that the mandatory linking of Aadhaar to mobile numbers and bank accounts violates the right to privacy, leading to concerns about surveillance and data protection.
• Aadhaar Act, 2016: Under Section 4 of the Aadhaar Act, the use of Aadhaar is voluntary and cannot be enforced as a mandatory requirement for services, unless explicitly provided for in the law.
• Legislative Framework: The linking of Aadhaar to mobile numbers is not supported by any specific legislative framework that empowers the government to enforce such a requirement.
• Privacy Concerns: The Supreme Court emphasized that linking Aadhaar to mobile numbers could lead to unauthorized data sharing and misuse, which undermines individual privacy.
• Implementation in State Schemes: While some state schemes might require Aadhaar linkage for benefits, these should comply with the Supreme Court ruling and ensure that participation remains voluntary.

In conclusion, if the Rohtak scheme forces you to link your Aadhaar to your mobile number, it may not stand on constitutional grounds after the Supreme Court's decision. Individuals may challenge this imposition in court, citing the right to privacy and the lack of legislative backing for mandatory Aadhaar linkage. Legal recourse can be sought under Article 32 or Article 226 of the Constitution for protection against such unconstitutional mandates.