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

Detailed Legal Analysis

The forced linking of Aadhaar to your mobile number under the Varanasi scheme raises significant constitutional issues, particularly in light of the Supreme Court's ruling in 2018, which declared certain aspects of the Aadhaar Act unconstitutional.

In the landmark judgment of Justice K.S. Puttaswamy (Retd.) v. Union of India (2018), the Supreme Court held that:

• Aadhaar is not mandatory for services and benefits, except for those that are specifically provided under the law, such as welfare schemes.
• Linking Aadhaar to mobile numbers, bank accounts, and other private services is unconstitutional as it violates the right to privacy, which is a fundamental right under Article 21 of the Constitution of India.

The Supreme Court emphasized that while the Aadhaar Act can be used to ensure transparency and eliminate corruption in welfare schemes, it cannot be extended to private entities or services. The Court also struck down Section 57 of the Aadhaar Act, which allowed private companies to demand Aadhaar for services.

Given this context, if the Varanasi scheme mandates linking Aadhaar to mobile numbers, it could be argued that this requirement is unconstitutional for the following reasons:

• The Supreme Court specifically prohibited the use of Aadhaar for purposes outside of government welfare schemes.
• Forcing individuals to link Aadhaar to mobile numbers infringes on the right to privacy.
• There is no legislative backing or constitutional provision that allows such a mandate outside of the stipulated welfare schemes.

Therefore, if you feel that the scheme is compelling you to link your Aadhaar to your mobile number without legal justification, you may challenge this requirement. You can:

• File a complaint with the relevant authorities, such as the Telecom Regulatory Authority of India (TRAI).
• Seek legal recourse through a public interest litigation (PIL) in the High Court, citing the Supreme Court's ruling as a basis for the challenge.

In conclusion, the forced linkage of Aadhaar to mobile numbers under the Varanasi scheme appears to be unconstitutional and could be challenged based on the principles laid down by the Supreme Court.