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Sep 26, 2018 39 tweets 15 min read Twitter logo Read on Twitter
#Aadhaar: Supreme Court Bench assembles, Justice AK Sikri pronouncing his judgment now.
#Aadhaar: Justice AK Sikri has authored judgment on behalf of himself and CJI Dipak Misra and Justice AM Khanwilkar.
#Aadhaar: It is better to be unique than the best, Justice AK Sikri starts his Aadhaar judgment.

Aadhaar has become the most talked about expression in the recent years.
#Aadhaar: Sikri J. on submissions of petitioner:

Attack on aadhaar by petitioners is based on violation of rights under Part III of the Constitution, will lead us to become a surveillance State.
The Aadhaar Verdict: Live Updates from the Supreme Court
#Aadhaar: There is no possibility of obtaining duplicate Aadhaar card, Sikri J.
#Aadhaar: The unique identification proof also empowers and gives identity to marginalised sections of the society, Sikri J.
#Aadhaar: The main plank of challenge to Aadhaar project and Aadhaar Act is that it infringes Right to Privacy, Sikri J. #AadhaarVerdict
#Aadhaar: Sikri J. states that heavy reliance has been placed on Privacy judgment of 2017. #AadhaarVerdict
#Aadhaar: Sikri J. says that concept of Human dignity has been enlarged in the judgment.
#Aadhaar: The Jugdment also deals with Proportionality doctrine, compelling State interest and Strict Scrutiny Test, Sikri J.
#Aadhaar: Supreme Court satisfied that there is sufficent defence mechanism for authentication.

Some provisions relating to authentication are however struck down.

Section 33(2) of Aadhaar Act struck down.
#Aadhaar: Section 57 of Aadhaar Act which enables body corporates to seek authentication is unconstitutional, Supreme Court.
#Aadhaar: Sikri J. now on whether Sections 7 and 8 of Aadhaar Act violates Right to Privacy.
#Aadhaar: Data obtained is very very minimal, the benefits especially to marginalised is large, Sikri J. #AadhaarVerdict
#Aadhaar: Supreme Court turns dows argument on exclusion. Lot of people who will benefit due to inclusion cannot be denied due to exclusion of few; Can't throw baby out with bathwater, Supreme Court.
#Aadhaar: Benefits and services under Section 7 should be of the nature of welfare schemes targeted at a particular deprived community.

CBSE, NEET etc cannot mandate Aadhaar.
#Aadhaar: School admissions not a benefit under Section 7, Aadhaar cannot be mandated for the same, Supreme Court. #AadhaarVerdict
#Aadhaar: S. 59 of Aadhaar Act valid, Supreme Court.

Section 33(1) read down; Individual should be given opportunity of hearing, Supreme Court.

Section 33(2) - officer should be above rank of Joint Secy

Section 47 should include provision for individual to file complaint.
#Aadhaar Act can be passed as Money Bill, hold Supreme Court; Turns down challenge on the ground that it could not have been classified as a Money bill.
#Aadhaar cannot be mandated for opening of bank accounts, Supreme Court.

Aadhaar cannot be mandatory for mobile connections; DoT notification to that effect unconstitutional.
#Aadhaar: Supreme Court upholds Section 139AA mandating linkage with PAN.
#Aadhaar: Sikri J concludes pronouncement of majority judgment; DY
Chandrachud J. starts pronouncement of his judgment.
#Aadhaar: The decision to treat a bill as a money bill is amenable to judicial review, Chandrachud J. C
concurs with Sikri J. On that aspect.
#Breaking: DY Chandrachud J. dissents on #Aadhaar Act as money bill.

Holds Aadhaar Act cannot be treated as Money bill.
#Aadhaar: Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, violates Basic Structure, DY Chandrachud dissents.
#Aadhaar: Constitutional guarantees cannot be left to risks posed by technological advancements, Chandrachud J.
#Aadhaar: Absence of indepedent regulatory framework compromises data protection.

Aadhaar Act therefore cannot pass tests under Article 14, Chandrachud J.
#Aadhaar: Allowing private players to use Aadhaar will lead to profiling which could be used in ascertaining political views etc of citizens, Chandrachud J.
#Aadhaar: Mandating Aadhaar for benefits and services under Section 7 would lead to a situation in which citizens will not be able to live without Aadhaar.

Hence, Section 7 arbitrary and unconstitutional, Chandrachud J.
#Aadhaar: Chandrachud J. comes down on Central government for passing notifications on Aadhaar in violation of interim orders of SC.

Propriety demands that Centre should have approached this Court for variation of its orders, Chandrachud J.
#Aadhaar: Chandrachud J. dissents , strikes down Aadhaar.
#Aadhaar: Ashok Bhushan J concurs with majority judgment of AK Sikri but differs on three issues.
#Aadhaar: Pronouncement concludes; 4-1 in favour of Aadhaar.

Next judgment on live streaming of Supreme Court proceedings.
#Aadhaar: "Passage as Money Bill fraud on Constitution", Justice Chandrachud dissents #AadhaarVerdict #SupremeCourt
Download the judgment HERE - [1448 pages]
#AadhaarVerdict - List of where things stand
Concurring opinion of Justice Sikri (CJI Misra & Justice Khanwilkar)
Page 1- 567
Dissenting opinion of Justice Chandrachud - P 568 - 1048
Separate Opinion of Justice Ashok Bhushan - Pages - 1049-1448
#AadhaarVerdict #AadhaarJudgment #Aadhaar @UIDAI @ceo_uidai #SupremeCourt

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Sep 20, 2018
#BhimaKoregaon: "No interference should be allowed in criminal matters in the garb of PIL", ASG Tushar Mehta.
#BhimaKoregaon: ASG Tushar Mehta concludes; Sr. Harish Salve begins his arguments.
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#Section377: Judgment by Supreme Court of India today post 11 am. Second pronouncement in less than five years. #GaySex
#Section377: Full court reference in honour of Justice Bharucha and Justice VA Mohta still in progress.

Judgment will be delivered after that.
#Section377: Full court reference concludes.

Court will re-assemble at 11.30 when the judgment will be pronounced.
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Conference organized by the Supreme Court AOR Association, to begin shortly.

The program will be inaugurated by the President of India Ram Nath Kovind and presided over by the Chief Justice of India Dipak Misra.
Guest of Honour Attorney General KK Venugopal has arrived
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Jul 26, 2018
#Sabarimala: V Giri concludes, Sai Deepak J begins.
#Sabarimala: Rights under Article 25 is subject to Article 26.

Deity has rights under Article 21, 25(1) and 26 (b), J Sai Deepak.
#Sabarimala: While I have rights under Article 26, I am sticking to Article 25 and this case can be disposed of under A. 25, J Sai Deepak.
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Jul 26, 2018
#Sabarimala: Bench assembles, hearing commences; Sr. K Radhakrishnan begins arguments.
#Sabarimala: Freedom of religion is subject to public order, health and morality.

I pray that Your Lordships prefix that "morality" with "public", K Radhakrishnan on scope of morality under Article 25.
#Sabarimala: Radhakrishnan also submits that morality includes institutional morality which could arise from religion.
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Jul 25, 2018
#Sabarimala: Bench assembles, hearing commences. Sr. Adv. K Parasaran begins submissions for Nair Service Society.
#Sabarimala: K Parasaran on Kerala society; Most women in Kerala educated, Kerala had communities which were matriarchal.
#Sabarimala: Hindu religion is a very tolerant religion, K Parasaran.
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