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 many years ago in law school, that there could be no waiver of fundamental rights. But the issue has lingered…

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…

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 of Andhra Pradesh and Others, has issued a series of guidelines to “fill the [alleged] vacuum in the law” regarding…