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Articles for Puttaswamy, search results for fundamental

Same-sex marriage and the fundamental right to marry | Explained
1 year, 2 months ago

Same-sex marriage and the fundamental right to marry | Explained

The Hindu  

October 20, 2023 05:28 pm | Updated 06:55 pm IST The story so far: A five-judge Bench of the Supreme Court on Tuesday in a 3:2 verdict ruled against legalising same-sex marriage in India leaving it up to the legislature to decide if non-heterosexual unions can be legally recognised. Although the CJI and Justice Kaul batted for civil unions for …

India Marriage Justice Constitution Court Couples Fundamental Rights
Expanding Aadhaar to private entities is risky
1 year, 7 months ago

Expanding Aadhaar to private entities is risky

Hindustan Times  

In a landmark 4-1 verdict in 2018, the Supreme Court upheld the constitutionality of the Aadhaar Act, 2016, but struck down section 57, which allowed the use of Aadhaar authentication and E-KYC by private companies to establish an identity for delivering services. Explaining its ruling, the top court said that the section struck at the heart of an individual’s privacy, …

Law Aadhaar Fundamental Rights Fundamental Good Governance Right State
Publicity of court proceedings: The question of privacy and reputation
1 year, 8 months ago

Publicity of court proceedings: The question of privacy and reputation

Hindustan Times  

On March 21, while delivering its judgment in Seemant Kumar Singh Vs. Mahesh Ps & Ors, the Supreme Court, cautioned judges against passing adverse remarks in courts unless accompanied by a proper justification. The SC observed that “remarks passed in court, due to the live broadcasting of court proceedings, now have ramifications that are far-reaching, and as can be seen …

Court Proceedings Judgment Privacy Court Rights Reputation Judge
Hijab Case- State Can't Say "We Will Give You Education, If You Surrender Your Right To Privacy": Adv Shoeb Alam Tells Supreme Court [Day 6]
2 years, 3 months ago

Hijab Case- State Can't Say "We Will Give You Education, If You Surrender Your Right To Privacy": Adv Shoeb Alam Tells Supreme Court [Day 6]

Live Law  

The Supreme Court is continuing hearing the petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim students in educational institutions.A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia is hearing the matter. Senior Advocate Jayna Kothari appearing for the Petitioners argued that the Karnataka GO banning hijab in educational institutions is a case …

Karnataka Supreme Court Privacy Constitution Rights Fundamental Rights Fundamental
‘Puttaswamy’ and the fading promise of a right
2 years, 3 months ago

‘Puttaswamy’ and the fading promise of a right

The Hindu  

August 24 has passed, marking five years since a nine-judge Bench of the Supreme Court of India delivered a crucial judgment in the case of Justice K.S. The judgment delivered on that date formally recognised the right to privacy as being a fundamental right stemming from the right to life and personal liberty, guaranteed under Article 21 of the Indian …

India Personal Privacy Data Information Indian Service
Puttaswamy, five years on
2 years, 4 months ago

Puttaswamy, five years on

Hindustan Times  

Five years ago, on this day, the Supreme Court made one its most important judgments. A nine-judge Constitutional bench ruled that the fundamental right protections under the Constitution’s Part III extend to an individual’s privacy. By recognising privacy as an independently enforceable right, the court bolstered freedom of expression and specified that citizens have the right against arbitrary, unregulated State …

Delhi High Court Dismisses Plea Challenging Mandatory Aadhar Requirement For Availing Ration Under National Food Security Act
2 years, 8 months ago

Delhi High Court Dismisses Plea Challenging Mandatory Aadhar Requirement For Availing Ration Under National Food Security Act

Live Law  

The Delhi High Court has dismissed a public interest litigation challenging the mandatory requirement of Aadhaar card to avail free ration under the National Food Security Act, 2013. Suppose you have a legal right under NFSA which is now constitutional right as per Puttaswamy, then your right can be taken away only on provisions mentioned in Aadhaar Act…Parliament enacted both …

Food Aadhaar Food Security Right Act Parliament Benefit
MediaOne Case : The Danger In Allowing Unchecked Use Of National Security Ground To Curb Free Speech
2 years, 10 months ago

MediaOne Case : The Danger In Allowing Unchecked Use Of National Security Ground To Curb Free Speech

Live Law  

The proposition that natural justice principles are not at all applicable in a national security issue, which has been applied by the Kerala High Court to uphold the telecast ban of MediaOne news channel, raises deeply troubling questions. The first one is a 2014 judgment in the case Ex-Armymen's Protection Services Private Limited v. Union of India and others which …

India Security Constitution National Security Court National Fundamental Rights
Will the Pegasus case be another ‘tryst with destiny’ for India?
3 years, 4 months ago

Will the Pegasus case be another ‘tryst with destiny’ for India?

The Hindu  

The appointment of the Justice Lokur Commission by the West Bengal government has been the most sensible and pragmatic move in the Pegasus episode in India so far. In the PUCL case, the Supreme Court said that the right to privacy, though “by itself has not been identified” under the Constitution, is part of the right to life and personal …

India Privacy Surveillance Constitution Political Court Case
Gauging The Constitutionality Of S. 69 Of The IT Act Vis-À-Vis Test Of Proportionality Laid Down In KS Puttaswamy
3 years, 8 months ago

Gauging The Constitutionality Of S. 69 Of The IT Act Vis-À-Vis Test Of Proportionality Laid Down In KS Puttaswamy

Live Law  

Section 69 of the Information Technology Act, 2000 affords the Central and State Governments the power to issue directions for the interception, monitoring, or decryption, of any information through any computer resource. However, is Section 69 of the Act constitutionally valid on the touchstone of the test of proportionality laid down in the landmark case of KS Puttaswamy v. Union …

Privacy Surveillance Constitution Court Test Constitutional Proportionality
Constitutional Error To Hold At This Stage That No Ground Exists To Review Aadhaar Verdict: Justice Chandrachud Dissents
3 years, 11 months ago

Constitutional Error To Hold At This Stage That No Ground Exists To Review Aadhaar Verdict: Justice Chandrachud Dissents

Live Law  

It is a constitutional error to hold at this stage that no ground exists to review the judgment, Justice DY Chandrachud remarked in his dissent against dismissal of review petitions challenging Aadhaar verdict.The judge said that if these review petitions are to be dismissed and the larger bench reference in Rojer Mathew were to disagree with the analysis of the …

Justice Aadhaar Constitutional Petitions Review Petitions Judge Review
Privacy And Puttaswamy For The People's Palate: Part 3 of 3
4 years, 4 months ago

Privacy And Puttaswamy For The People's Palate: Part 3 of 3

Live Law  

The previous part broke down the opinions of Bobde J. and Kaul J. wherein the former elucidated upon the nature of the right undertaking a study which was based on the hypothesis that privacy plays an integral role in the enjoyment of Part III rights and the latter studied the growth of technology as a formidable foe to the inherent …

India Supreme Court Privacy Constitution Court Information Fundamental Rights
Privacy And Puttaswamy For The People's Palate: Part 2 Of 3
4 years, 4 months ago

Privacy And Puttaswamy For The People's Palate: Part 2 Of 3

Live Law  

The first part broke down opinions of Chelameswar J. and Sapre J. wherein the former examined the existence of the right to privacy within the contours of the Constitution, limiting the discussion to the existence of the same and the latter examined the foundation of the right on the basis of the Preamble and certain elements of Part III. Bobde …

Opinion Privacy Constitution Court Rights Information Fundamental Rights