A Shillong scheme forced me to link Aadhaar to my mobile number. Is this constitutional after the Supreme Court ruling?

Detailed Legal Analysis

The scheme implemented in Shillong that mandates linking Aadhaar to a mobile number raises significant constitutional questions, particularly in light of the Supreme Court's ruling in 2018, which held that the requirement to link Aadhaar for various services is unconstitutional under certain conditions.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court ruled that the right to privacy is a fundamental right under Article 21 of the Constitution. The court emphasized that while Aadhaar could be used for welfare schemes, it cannot be mandated for non-welfare purposes, including mobile phone services. Here are the key points regarding the constitutional validity of linking Aadhaar to mobile numbers:

• Right to Privacy: The Supreme Court recognized the right to privacy, indicating that mandatory linking of Aadhaar could infringe upon personal liberties.
• Voluntary vs. Mandatory: The court ruled that linking Aadhaar should be voluntary for services that do not pertain to welfare benefits. Thus, forcing individuals to link their Aadhaar for mobile services is problematic.
• Section 7 of the Aadhaar Act, 2016: This section allows linking Aadhaar only for specific welfare schemes, and applying this requirement for mobile services does not fall within its purview.
• Impact of Aadhaar Act: The Aadhaar Act also stipulates that individuals should not face denial of services solely due to non-linking of Aadhaar, which further supports the argument against mandatory linking.
• Legal Precedents: Subsequent rulings and discussions have continued to highlight the importance of consent and the limitations on the use of Aadhaar.

In conclusion, the Shillong scheme mandating Aadhaar linking to mobile numbers appears to contravene the principles established by the Supreme Court. Individuals facing this requirement may have grounds to contest its constitutionality based on the right to privacy and the restrictions placed on the use of Aadhaar under the Aadhaar Act, 2016. Legal recourse may involve filing a petition challenging the scheme on constitutional grounds, citing the relevant judgments and provisions of law.