The QuintWith the Pegasus spyware episode still fresh in our minds, there’s another worrying development which has been reportedly confirmed by Google this week.
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@VakashaS will this actually help? Seems like it could've been ordered today itself, considering that the bigger issue of judicial review of governor's actions will be heard later. No secret ballots + live telecast brings a measure of transparency but it's difficult to see how added time won't play into the ruling party's hands.
@digitaldutta under what law, if any, can NSO/WhatsApp be proceeded against?
In case of a lawsuit the govt will almost certainly be involved, but there are interesting questions about the horizontal application of the right to privacy (especially in light of Chandrachud's judgement in the RTI case) that can be looked into here.
I expect that the govt will rely on the Telegraph & IT Act in case it is implicated; but the conditions don't exist for those laws to be applied here.
In case of a lawsuit the govt will almost certainly be involved, but there are interesting questions about the horizontal application of the right to privacy (especially in light of Chandrachud's judgement in the RTI case) that can be looked into here.
I expect that the govt will rely on the Telegraph & IT Act in case it is implicated; but the conditions don't exist for those laws to be applied here.
LiveLaw#Kashmir
Ahmadi : Restrictions under Art 19 must pass test of proportionality. The test is that measures taken have to be in order to meet a legitimate goal or suitable cause. The same must not have disproportionate impact.
Ahmadi : Restrictions under Art 19 must pass test of proportionality. The test is that measures taken have to be in order to meet a legitimate goal or suitable cause. The same must not have disproportionate impact.
@VakashaS the SC's treatment of the balancing limb of the proportionality test in Aadhar was nonexistent so it'll be interesting to see whether they actually balance rights and public interest in this case. Here's hoping they don't repeat the Aadhar trick of waving off the exercise of balancing by holding that the state aim was "legitimate"and hence the infringement was proportionate.
@gautambhatia unrelated to your article but the news that the HK economy is in a recession for the first time in a decade strengthens the Chinese hand in future dealings between the two.
The Basic Law is set to expire soon & the economy - HK's biggest claim to fame (despite their housing crisis) but no longer China's only major port city - will play a huge role in whatever is to come next.
The Basic Law is set to expire soon & the economy - HK's biggest claim to fame (despite their housing crisis) but no longer China's only major port city - will play a huge role in whatever is to come next.
Gautam BhatiaThe Hong Kong High Court today handed down an important judgment in which it held that the government's prohibition on the use of face masks by protesters was unconstitutional. The government's "law and order" arguments were flatly rejected. This is what happens when constitutional courts work the way they are supposed to - and it's possible, even in the most difficult and trying of circumstances, with an authoritarian government sitting on their head. An analysis:
@DesCoutinho @manuvichar I resent your implication that I see no problem with what the former CJI did; I certainly do but you cannot compare the US Supreme Court - backed as it is by American soft power and visibility - to the Indian SC. Just because books on/by Indian judges aren't available to you doesn't mean they don't exist.
@DesCoutinho @manuvichar there are a lot of great articles on people like HR Khanna, PN Bhagwati, Patanjali Sastri, Vivian Bose, PB Gajendragadkar etc. where the authors discuss their impact on important jurisprudential developments. That trend is continuing despite the failings of those occupying the office of the CJI, it just so happens that their impact is different from what was expected.
sanjayuvachaJustice Nariman's dissent in the #sabarimala review, will long be cited, as a treatise on the Rule of Law and the Executive's sworn duty to uphold and implement court judgements. I urge all people to read it, as it rewards even those who have been sceptical about the court in the recent past
https://www.livelaw.in/top-stories/courts-should-tread-cautiously-while-dealing-with-religious-issues-149757
https://www.livelaw.in/top-stories/courts-should-tread-cautiously-while-dealing-with-religious-issues-149757
[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench
While referring the Sabarimala case to larger bench, the majority judges observed that the matters involving the interpretation of the provisions of the Constitution touching upon the right to...