Observer Desk

Posted on 17.08.17 by

Aadhaar and The Right To Privacy-9 Judge Bench: Day 6 Arguments (Rejoinder of Petitioners Part II)

Rejoinder arguments on behalf of the petitioners on 02.08.2017 in the Right to Privacy hearing continued and Mr. Shyam Divan was followed by Mr. Anand Grover. Mr. Anand Grover: Mr. Grover pointed out that the decisions in Kharak Singh vs. State of U.P. (1962) and Govind vs. State of Maharashtra (1975)  gave tentative findings on  a privacy right. The… Read More

Posted on 17.08.17 by

Aadhaar and The Right To Privacy-9 Judge Bench: Day 6 Arguments (Rejoinder of Petitioners Part I)

The 9 Judge Bench hearing on the Right to Privacy reserved the case for judgment on 02.07.2017. The concluding arguments of the respondents were followed by the rejoinder arguments on behalf of the petitioners. Mr Gopal Subramanium: The decisions in the United States need not be referred to for understanding the position of fundamental rights in… Read More

Posted on 16.08.17 by

The Electoral Appeals Case : Plain English

The diversity of identities in India poses a challenge to free and fair elections. A candidate appealing for votes on the basis of religion, race, caste, community or language can undermine the election process. Section 123 (3) of the Representation of the People Act, 1951 (RPA) prohibits this act. C. D. Commachen challenged the election of Abhiram… Read More

Posted on 12.08.17 by

Ram Mandir-Babri Masjid matter – Day 1 Hearings

On 11th August 2017, a 3-Judge bench of the Supreme Court, comprising Justices Dipak Misra, Ashok Bhushan and Abdul Nazeer heard the Ram Janmabhoomi-Babri Masjid property dispute (Maulana Ashhad v Mahant Suresh Das). Mr Tushar Mehta, Additional Solicitor General, appearing for the State of Uttar Pradesh, spoke first and pointed out the need to simplify… Read More

Posted on 05.08.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 5 Arguments (Rakesh Dwivedi)

Mr Rakesh Dwivedi, representing the State of Gujarat, followed Mr Tushar Mehta on August 1st, 2017. He began by sketching out the three constitutional constructs proposed in the arguments so far: i) The Petitioners’ argument that privacy was implied under Article 21 as an element of due process, as per Maneka Gandhi; ii) Mr Sundaram… Read More

Posted on 03.08.17 by

Aadhaar and the Right to Privacy-9 Judge Bench: Day 5 Arguments (CA Sundaram)

Mr. Sundaram commenced arguments on 1st August 2017, day 5 of the 9 Judge Aadhaar Bench hearings, by contending that the Constituent Assembly Debates show that the framers of the Constitution clearly concluded that privacy need not be a fundamental right and that it was sufficient if it had statutory protection. Hence, as the intent of the framers is… Read More

Posted on 03.08.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 4 Arguments (C.A. Sundaram)

The 9 judge bench continued to hear arguments on whether privacy was a fundamental right. On Day 4 Mr.C.A. Sundaram began his arguments by categorically stating that a fundamental right could not be read in ‘bits and pieces’. He relied on Kharak Singh to argue that privacy per se is not a fundamental right and… Read More

Posted on 02.08.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 3 Arguments (Attorney General K.K.Venugopal)

The Attorney General of India began his submissions by placing two questions before the bench: first, whether M.P. Sharma and Kharak Singh was good law and second, to what extent was privacy a fundamental right? Mr Venugopal opened his arguments by contending that life and liberty under Article 21 was not an absolute right as… Read More

Posted on 01.08.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 5 Arguments (Tushar Mehta)

Mr. Tushar Mehta, the Additional Solicitor General representing the Unique Identification Authority of India, followed Mr Sundaram on August 1st, 2017. He argued that the right to privacy was not a Fundamental Right and that Kharak Singh was good law. Mr. Mehta began with the observation that academic opinion was largely unanimous on the right to… Read More

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