17 results found.

Observer Desk

Posted on 21.07.17 by

Whatsapp-Facebook Privacy Case – Day 3 Arguments

Karmanya Singh Sareen vs. Union of India (SLP (C) No. 804/2017) will decide if Whatsapp’s data sharing deal with Facebook violates the user’s right to privacy. Today, a 5-Judge Bench, consisting of Justices Dipak Misra, A. K Sikri, Amitava Roy, A. M. Khanvilkar and M. M. Shantagoudar, partly heard arguments on maintainability of the case. Mr. Harish Salve, representing… Read More

Observer Desk

Posted on 20.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 2 Arguments (Arvind Datar)

Mr. Arvind Datar began the second day of arguments before the 9 Judge Bench hearing the right to privacy case by responding to questions raised by the Bench on the scope of the right to privacy with additional written submissions. He reiterated that ‘the fundamental right to privacy is not contained in any one article, but has… Read More

Observer Desk

Posted on 20.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 2 Arguments (Anand Grover)

Mr. Anand Grover followed Mr. Arvind Datar on Day 2 of the 9 Judge Bench of the Supreme Court on whether the right to privacy is a fundamental right under the Constitution of India, 1950. Mr. Anand Grover began by noting that while English common law recognises a right against trespass of the body, American common… Read More

Observer Desk

Posted on 20.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 2 Arguments (Meenakshi Arora)

Ms. Meenakshi Arora began by surveying the case law over the years to show that such a right had already been recognized. She pointed out that Kharak Singh vs. State of Uttar Pradesh (1962) implicitly recognized the right to privacy when it relied on Wolf vs. Colorado (1949) to strike down Regulation 236(b) of the U.P. Police Regulations. The stray sentence in Kharak… Read More

Observer Desk

Posted on 19.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 1 Arguments (Soli Sorabjee & Shyam Divan)

Mr. Soli Sorabjee and Mr. Shyam Divan, followed Mr. Gopal Subramanium on Day 1 of the 9 Judge Bench hearing on whether the right to privacy is a fundamental right under the Constitution of India, 1950. Mr. Soli Sorabjee sought the Court’s permission to submit a written note. He submitted that privacy is inalienable and crucial for the… Read More

Observer Desk

Posted on 19.07.17 by

Aadhar and The Right to Privacy – 9 Judge Bench: Day 1 Arguments (Arvind Datar)

Mr. Arvind Datar began his arguments by denying that MP Sharma & Ors. vs. Satish Chandra, District Magistrate, Delhi & Ors. (1954) or Kharak Singh vs. State of Uttar Pradesh (1962) held that the right to privacy is not a fundamental right. M.P. Sharma dealt with a challenge to search and seizure of incriminating documents from company offices under Article 19(1)(f)… Read More

Observer Desk

Posted on 18.07.17 by

Aadhar and The Right To Privacy – 9 Judge Bench Referral

In 2015 the Supreme Court referred petitions challenging the Aadhaar policy to a Constitutional Bench to decide whether the right to privacy is a fundamental right. The five judge bench, comprising the Chief Justice along with Justices Chelameshwar, Bobde, Chandrachud and Nazeer, heard the matter today. The Bench began by observing that the right to privacy was… Read More

Observer Desk

Posted on 02.01.17 by

Re-promulgation of Ordinances Case – Plain English

On 2nd January 2017, a seven-Judge Bench of the Supreme Court, in a ratio of 5:2, held that unfettered re-promulgation of ordinances is unconstitutional. The Constitution allows the President/Governor to promulgate ordinances, which are authoritative orders that enable the government to take immediate legislative action. The Bench declared that under the Constitution, the power of the President under… Read More