A Sambalpur 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 a Sambalpur scheme raises constitutional concerns in light of the Supreme Court's ruling in 2018.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court held that the right to privacy is a fundamental right under Article 21 of the Constitution of India. The court further clarified the legality of Aadhaar, stating that while it serves a legitimate purpose in welfare schemes, it cannot be made mandatory for services that do not require it.

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

• Supreme Court Ruling: The Supreme Court ruled that Aadhaar cannot be made compulsory for various services, including mobile phone connections, unless it is necessary for a legitimate purpose.
• Privacy Concerns: Linking Aadhaar to mobile numbers could infringe on individuals' privacy rights, especially if done without informed consent.
• Section 4 of the Aadhaar Act: This section mandates that Aadhaar is not mandatory for services beyond welfare schemes, which includes mobile services.
• Legitimate Purpose Test: Any requirement for Aadhaar linkage must pass the test of necessity and proportionality as outlined by the Supreme Court.

Furthermore, the court emphasized the importance of consent and the need for data protection. The Personal Data Protection Bill, which is in the legislative process, seeks to address many of these concerns, but until it is enacted, the current legal framework remains relevant.

In summary, compelling individuals to link Aadhaar to mobile numbers under the Sambalpur scheme is likely unconstitutional, as it contradicts the Supreme Court's ruling that restricts mandatory Aadhaar linkage to specific, legitimate purposes. If you believe this requirement violates your rights, you may consider seeking legal recourse or filing a complaint with the relevant authorities.