A Vadodara 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 mobile numbers in the Vadodara scheme raises constitutional concerns, particularly following the Supreme Court's ruling in 2018 that upheld the right to privacy as a fundamental right.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court made several critical observations regarding the use of Aadhaar, which have implications for compulsory linking of Aadhaar to mobile numbers:

• The Court ruled that while Aadhaar can be used for welfare schemes, it cannot be made mandatory for services like mobile phone connections.
• The linking of Aadhaar to mobile numbers was deemed unconstitutional as it violates the right to privacy and could lead to surveillance without consent.
• The judgment emphasized that any law or scheme that mandates linking Aadhaar must pass the test of proportionality and should be backed by a law enacted by the Parliament.

The Aadhaar Act, 2016 (specifically Section 7), allows the use of Aadhaar for availing subsidies, benefits, and services. However, this provision does not extend to non-welfare services, such as telecommunications, which are governed by the Indian Telegraph Act, 1885 and the Telecom Regulatory Authority of India (TRAI) regulations.

Key points regarding the constitutional validity of linking Aadhaar to mobile numbers include:

• The Supreme Court's decision has made it clear that the mandatory linking of Aadhaar for services other than government welfare schemes is unconstitutional.
• Telecom operators cannot legally compel users to link their Aadhaar unless there is specific legislation permitting such an action.
• Any scheme or regulation that mandates Aadhaar linking for mobile services may be challenged in court as violating the right to privacy and freedom of expression under Articles 19 and 21 of the Constitution of India.

In conclusion, the Vadodara scheme's requirement to link Aadhaar to mobile numbers appears unconstitutional in light of the Supreme Court judgment and current legal framework. Individuals affected by this requirement may consider seeking legal recourse to challenge the scheme.