A Thane 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 as mandated by a Thane scheme raises constitutional concerns in light of the Supreme Court's ruling in 2018.

In the landmark judgment delivered by the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) v. Union of India (2018), the Court held that the right to privacy is a fundamental right under Article 21 of the Constitution of India. This ruling has significant implications for the mandatory linking of Aadhaar to various services, including mobile numbers.

Key points regarding this issue include:

• Supreme Court Judgment: The Supreme Court ruled that while the Aadhaar Act is constitutional, mandatory linking of Aadhaar is not permissible in certain contexts, particularly where it infringes on privacy rights.
• Voluntary vs. Mandatory: The Court clarified that Aadhaar can be used for welfare schemes and benefits but cannot be made mandatory for services like mobile phone connections or bank accounts.
• Section 7 of the Aadhaar Act: This section allows for the use of Aadhaar for availing benefits of subsidies and services, but this does not extend to non-welfare services.
• Legal Precedent: Following the judgment, several state and central schemes were also scrutinized for their legality, particularly those that make Aadhaar linking compulsory.

Given these considerations, if the Thane scheme mandates Aadhaar linking for obtaining a mobile connection, it may likely be deemed unconstitutional based on the Supreme Court’s interpretation. Individuals affected by this requirement could have grounds to challenge the scheme in a court of law, arguing that it violates their right to privacy and the principles laid out in the Supreme Court's ruling.

In summary, the Thane scheme compelling Aadhaar linkage to mobile numbers appears to contravene the Supreme Court's decision, which emphasizes that such linking should be voluntary and not infringe upon fundamental rights. Citizens may seek legal recourse to contest this imposition.