32 results found.

Observer Desk

Posted on 29.08.17 by

The Right to Privacy : The 9 Judge Verdict in Plain English (Part II)

On 24th August, 2017 a 9 Judge Bench of the Supreme Court delivered a unanimous verdict in Justice K.S. Puttaswamy vs. Union of India and other connected matters, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw 6 separate concurring decisions. Justice Chandrachud authored the decision speaking for… Read More

Observer Desk

Posted on 29.08.17 by

The Right to Privacy : The 9 Judge Verdict in Plain English (Part I)

On 24th August, 2017 a 9 Judge Bench of the Supreme Court delivered a unanimous verdict in Justice K.S. Puttaswamy vs. Union of India and other connected matters, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw 6 separate concurring decisions. Justice Chandrachud authored the decision… Read More

Observer Desk

Posted on 24.08.17 by

SC 9 Judge Bench Verdict on the Right to Privacy

The 9 Judge Bench of  Chief Justice Khehar and Justices Jasti Chelameshwar, S.A. Bobde, DY Chandrachud, Abdul Nazeer, Nariman, R.K. Agarwal, Abhay Manohar Sapre, and Sanjay Kishan Kaul that heard arguments on whether a privacy right is inherent in the constitution has pronounced its decision in the case. In a historic decision, the Bench has unanimously recognised a fundamental right to privacy as guaranteed… Read More

Observer Desk

Posted on 23.08.17 by

The Right to Privacy: Key Issues Before the 9 Judge Bench

The 9 Judge Bench of the Supreme Court that heard arguments on whether the right to privacy is a fundamental and inviolable right under the Constitution of India, 1950 will be pronouncing the judgment in the case on 24.08.2017. The Bench included Chief Justice Khehar and Justices Jasti Chelameshwar, S.A. Bobde, DY Chandrachud, Abdul Nazeer, Nariman, R.K. Agarwal, Abhay Manohar Sapre, and Sanjay Kishan Kaul… Read More

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

Observer Desk

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

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