A Rourkela 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 in the context of a scheme in Rourkela raises significant constitutional questions, particularly following the Supreme Court's judgment in 2018, which held that the mandatory linking of Aadhaar with various services was unconstitutional in certain contexts.

The Supreme Court's ruling in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018) declared that:

• The requirement to link Aadhaar with mobile numbers and bank accounts was unconstitutional if it did not serve a legitimate purpose.
• Mandatory linking violates the right to privacy, which is a fundamental right under Article 21 of the Constitution of India.

Consequently, while Aadhaar can be used voluntarily for certain benefits, any coercive measures to make it mandatory are not permissible. Here are the key points to consider regarding the constitutionality of linking Aadhaar to mobile numbers:

• Voluntary vs. Mandatory: The Supreme Court emphasized that Aadhaar should not be made compulsory for services not directly related to welfare schemes funded by the government.
• Legitimate Purpose: The linking must serve a legitimate aim, such as preventing fraud in welfare schemes, but it should not infringe on privacy rights.
• Data Protection: The Court highlighted the need for a robust data protection framework, which is further supported by the Personal Data Protection Bill, 2019, currently under consideration.
• Existing Laws: According to the Aadhaar Act, 2016, specifically Section 7, Aadhaar can be required for the delivery of subsidies, benefits, and services, but this definition does not encompass mobile services.

In light of this ruling, any scheme or mandate forcing individuals to link their Aadhaar to mobile numbers, without a clear and justified reason, could likely be challenged in court. Individuals may file a writ petition under Article 32 or Article 226 of the Constitution to seek redress against such mandatory requirements.

In summary, the constitutional validity of forced Aadhaar linking in Rourkela is highly questionable, and individuals retain the right to challenge such mandates based on the Supreme Court’s interpretation of privacy and voluntary consent.