In a recent pieceĀ for Bar and Bench, Arvind Datar examines whether a fundamental right can be waived. I had long assumed that this question was settled in Basheshwar Nath’s Case. The Court declared, we learnt many years ago in law school, that there could be no waiver of fundamental rights. But the issue has lingered…

by Sujoy Chatterjee The National Football League (NFL) in the U.S. has been in the news of late, for football players allegedly disrespecting the U.S. national anthem by kneeling/sitting/silently demonstrating during the playing of the national anthem before kick-off. There is a raging debate in the U.S. on, amongst others, whether dissent/protest during the national…

Of the sanctioned strength of 31, 27 judges currently serve on the Supreme Court. Of these 27 judges, 24 have previously been judges of one or more High Courts in the country. While we are aware of the nature and duration of their judicial positions before elevation to the Supreme Court, we know little about…

This is the third post by Ujwala Uppaluri in the series on the ‘right to privacy’ hearings in the Supreme Court. You can read parts I & II here and here This case offers the court an opportunity to set the terms of engagement for civil liberties arguments in the face of technological change, and…

(This is the second post by Ujwala Uppaluri in a series on the ‘right to privacy’ hearings in the Supreme Court of India. The first post can be accessed here.)   On Tuesday and Wednesday last week, Petitioners in the Aadhaar cases presented arguments asserting the existence of a fundamental right to privacy before 9…

(This is the first post of a 3-part series by Ujwala Uppaluri on the ‘right to privacy’ hearings before the Supreme Court of India. Ujwala is a graduate of NUJS Kolkata and Harvard Law School. ) A bench of 9 judges heard arguments on the existence of a fundamental right to privacy on Wednesday and…