24 results found.

Observer Desk

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

Observer Desk

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

Observer Desk

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

Observer Desk

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

Observer Desk

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

Observer Desk

Posted on 29.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 4 Arguments (Attorney General K.K.Venugopal)

The 4th day of the Right to Privacy hearing continued with arguments from Mr. K K Venugopal who argued that even if the State’s primary argument that the right to privacy was not granted in the Constitution (MP Sharma (1954) and Kharak Singh (1962)) was to be rejected, privacy in itself was too vague a concept… Read More

Observer Desk

Posted on 26.07.17 by

Aadhar and The Right to Privacy- 9 Judge Bench: Day 3 Arguments (Kapil Sibal)

Mr. Kapil Sibal opened arguments on behalf of the respondents on the third day of hearing in Justice K.S. Puttaswamy vs. UOI before a 9 judge Bench of the Supreme Court on 26th July. Mr. Sibal took a pro-privacy stance, arguing that  M.P. Sharma and Kharak Singh did not envisage technological advancement and its ramifications on… 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 (Sajan Poovayya)

Mr. Sajan Poovayya first addressed arguments on where the right to privacy resides contending that the right was an inherent and all pervading aspect of the Constitution and need not necessarily flow from one particular Article of the Constitution. He argued that a breach of the privacy right could impede multiple freedoms including that of speech, as… Read More