A Surat 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 Surat scheme raises important constitutional questions, especially in light of the Supreme Court ruling in 2018.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India (2018), the Supreme Court of India declared that the right to privacy is a fundamental right under Article 21 of the Constitution. The court ruled that while Aadhaar could be used for welfare schemes, its mandatory use for services, including mobile connections, was unconstitutional. Here are the key points that address your concern:

• Supreme Court Ruling: The Supreme Court held that Aadhaar cannot be made mandatory for services that are not welfare-related. This includes the linking of Aadhaar with mobile numbers as per the ruling, which stated that it violates the right to privacy.
• Legal Provisions: The judgment emphasized that the Aadhaar Act (2016) cannot override the fundamental rights provided under the Constitution. Sections 7 and 8 of the Aadhaar Act specify its applicability only to specific welfare benefits.
• Implications for Mobile Linking: Following the Supreme Court's decision, the requirement to link Aadhaar with mobile numbers is unconstitutional unless it is voluntary and not coerced. The court underscored that requiring Aadhaar for obtaining a mobile number does not fall within the purview of welfare benefits.
• Current Status: Telecom Regulatory Authority of India (TRAI) and the Department of Telecommunications (DoT) had been directed to ensure that consumers are not compelled to link their Aadhaar to mobile connections. Any coercion or imposition by the Surat scheme could be challenged legally.
• Legal Recourse: If you feel that this requirement is infringing upon your rights, you can file a writ petition under Article 32 or 226 of the Constitution in the High Court or Supreme Court, respectively, to seek redress.

To summarize, the mandate to link your Aadhaar to your mobile number under the Surat scheme is likely unconstitutional as per the Supreme Court's ruling, which protects your right to privacy and restricts mandatory Aadhaar linking for purposes beyond welfare schemes.