In a recent piece 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 …
Continue readingTag: fundamental rights
Privacy Hearings III: Recalibrating Rights for Digital Technologies (Guest Post by Ujwala Uppaluri)
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 …
Continue readingThe Privacy Hearings-II: Three Pathologies of Indian Civil Liberties Argument (Guest post by Ujwala Uppaluri)
(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 …
Continue readingArticle 19(1)(c) Amended
The text of the 97th amendment to the Indian constitution, which makes the right to form cooperative societies a fundamental right under Article 19(1)(c) [now, the right to form “associations or unions or cooperative societies” …
Continue readingNo More State Terror: Salwa Juddam Unconstitutional
In a pathbreaking judgments, Justices Reddy and Nijhar of the Supreme Court ruled that the Chattisgarh governments arming of tribals to act as vigilantes as unconstitutional. The judgment can be found here. I hope to …
Continue readingNarco-Analysis Judgment: Selvi v Karnataka
The full text of the landmark judgment of the Supreme Court in the case of Selvi v State of Karnataka is available here. I have not read the judgment yet, but media reports suggest that …
Continue readingSupreme Court makes law governing civil and criminal liability for destruction of public and private property
In another manifestation of the Supreme Court’s activist avatar as well as the trend of poorly written judgments, Justice Pasayat writing for the court in In re Destruction of Public and Private Properties v. State …
Continue reading