Prasanna S Profile picture
A coder turned lawyer. On Mastodon as @prasanna_s@mstdn.social. Part of @Article21_Ind and @Project_Const
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Sep 29, 2018 11 tweets 2 min read
Does the Union Government have to direct the telecom service providers to delete biometric and Aadhaar details of their customers following the #Aadhaar judgment? A short thread. 1. We all know that the judgment had three separate judgments. One by majority of Sikri J writing for himself, CJI Misra and Khanwilkar J.
There was a minority judgment by Chandrachud J which was partly concurring with Sikri J
and another partly concurring judgment by Bhushan J
Sep 26, 2018 28 tweets 3 min read
#Aadhaar Judgment continued
(Sorry the earlier thread no longer loads for me on twitter).

DYC J has penned a partial dissent.

DYC says this is a seminal case that poses questions on democracy, power and liberty and constitutionalism. DYC J overrules earlier judgment on money bill whether or not speaker decision is subject to judicial review. Elaborate discussion of rule of law and judicial review. Sikri J agrees on this point.
Sep 26, 2018 36 tweets 4 min read
#Aadhaar judgment. Thread. Will be tweeting opinions as they are pronounced. Final conclusions based on majority will be clear only at the end of the thread. Waiting for the Bench to assemble.
Aug 18, 2018 5 tweets 3 min read
Thread. The Delhi Govt yesterday pulled up by the Delhi HC for not implementing several mandatory provisions of the Food Security Act, letting thousands go hungry in the national capital.

livelaw.in/put-together-a… The Government had no explanation whatsoever in completely defaulting on not only the statutory mandate of implementation of NFSA before July 2014, but also an order passed by the Court on 01.09.2017!
Jun 25, 2018 13 tweets 2 min read
Too much noise over the weekend trying to suggest that the modern left has to be more accommodating of the right so that the right does not become more reactionary. Some thoughts/rants. 1/ It is only recently that the left has started reclaiming its mainstream space. It has started ignoring the don't-wake-up-your-neighbour type warnings. (IMHO, obviously) 2/
May 16, 2018 6 tweets 1 min read
There is not one flaw in India's constitutional democracy that the present regime has not exposed or exploited:

1. Office of the Governor;
2. Judges appointments;
3. Appointments to other institutions and tribunals;
4. The virtual unassailability of the decisions of ...1/ ...the speaker of assembly or Loksabha(Money Bill/ Disqualification for defection; not allowing the introduction of no confidence motion);
5. The office of VP and his powers over removal of judges;
6. Finance Commission
7. Post retirement posts.

Etc. Etc. 2/
May 10, 2018 11 tweets 12 min read
#DestroyTheAadhaar is the primary prayer of the Petitioners. That case has now been made before the final adjudicating body in the country. The fate of the only such project in any democracy that sought to fingerprint its entire population, hangs in the balance. Many people to thank. Profusely. First, the Petitioners. All distinguished citizens and indefatigable champions of civil liberties. @sgvombatkere @BezwadaWilson @mathew111938 @nikhilmkss @vvcrishna @gnowgi @ramakumarr, Aruna Roy, Shantha Sinha, Dr. Kalyani Menon Sen, ...
May 10, 2018 76 tweets 8 min read
#Aadhaar hearing. Rejoinder to continue. Gopal Subramanium Sr. Advocate is ready and waiting for the Bench to assemble. Will try and capture as much as possible in tweets, but is tough to keep pace when he is in his zone and in full flow :) GS: On all notifications on Section 7. Each of the notifications are in furtherance of the dignity of the individual. If that is so, there is no question of imposing conditions when dignity is an inherent and inalienable right.
May 9, 2018 35 tweets 6 min read
#Aadhaar hearing thread. Rejoinder to resume. Before that the Court is pronouncing a fab judgment.

On whether parliamentary committee reports can be taken judicial notice of as evidence of facts. SC answers in the affirmative.

DYC J reading his concurring judgment.... .....and part of His judgment is the assertion that the constitutionalism in India now is about moving from a culture of authority to a culture of justification. (Recall this exchange also came in the course of Aadhaar hearings when Sr. Gopal Subramanium pointed this out)
May 3, 2018 25 tweets 4 min read
#Aadhaar rejoinders commence. Shyam Divan begins for petitioners. Thread. SD says he wants to reiterate many agreements between P and R.

1. This an immensely large project.
2. First such attempt in a democracy.
3. Surveillance is unconstitutional. (Although R disagree that aadhaar creates a surveillance state).
May 3, 2018 5 tweets 1 min read
#Aadhaar hearing. A-G now trying to argue how Lokniti order actually constituted a direction to government. Thread. Reading Lokniti order and the Bench's recital of the Union government affidavit in that order.
May 2, 2018 27 tweets 3 min read
#Aadhaar hearing. Second half of Day 35. Thread. @ZohebHossain continues his arguments for UIDAI and the state of Maharashtra. Cites various other statutory provisions including CrPC and IT Act that provide for reasonable search and seizure and how they have been challenged earlier and have passed constitutional muster.
May 2, 2018 11 tweets 2 min read
Chinese Whispers it seems.
livemint.com/Opinion/1hG7NH…

Let me supply some crucial ommissions in this @rahulmatthan rant. + 1. In August 2016, when the purported "Aadhar-based e-KYC for mobile" had been initiated, the Act was not in force and the 11.08.2015 order that prohibited UIDAI from sharing its data in any manner whatsoever, including E-KYC, was in force. +
Apr 26, 2018 59 tweets 7 min read
#Aadhaar hearing. Gopal Sankaranarayanan, Adv. arguing for @ccsindia, intervenor in the matter. DYC J begins by interjecting GSank to say one does have multiple identities but Aadhaar does not destroy those identities. As a father or a husband, of one's citizenship etc.
Apr 19, 2018 31 tweets 5 min read
#Aadhaar hearing continues. Rakesh Dwivedi, Sr. Adv continues his submissions on the behalf of UIDAI and the State of Gujarat. He is reading from his written submissions...Page 56

drive.google.com/a/advocatepras…
Apr 17, 2018 61 tweets 8 min read
#Aadhaar hearing continues. Sr. Adv Rakesh Dwivedi continues his submissions on behalf of UIDAI. Thread. RD: Under Section 8, the collected identity information can only be used for authentication.
Apr 16, 2018 10 tweets 3 min read
#Kathua hearing about to begin in Supreme Court before a bench headed by CJI. Sr. Adv @IJaising and @DeepikaSRajawat are seen in Court. Thread. Bench has asdembled.
Apr 12, 2018 23 tweets 4 min read
#Aadhaar hearing continues. Sorry was stuck in another courtroom. ASG Tushar Mehta continuing to defend the PMLA rules making aadhaar bank linking mandatory.

He is arguing how it is not ultra vires the PMLA Act. TM: The power under PMLA Act of the law being able to reach the right beneficial owner of any entity is not under challenge.

Sikri J interjects saying Rule 9 (4) is challenged on proportionality where there are several other officially valid documents.
Apr 11, 2018 21 tweets 3 min read
#Aadhaar hearing to resume. ASG Tushar Mehta to continue his arguments. Bench assembles. TM: Wants to place reliance on Para 92 of the Binoy Viswam judgment as reported in 2017 7 SCC 59.

Says the question of whether this law could have been passed by parliament is no longer open after Binoy Viswam when it clearly says 139AA is fully valid on that point.
Apr 5, 2018 18 tweets 4 min read
#Aadhaar hearing continues. Attorney General continues his arguments.

Reading from page numbered 261 in
drive.google.com/a/advocatepras… US Court of Appeals case. Deals with DNA storage of arrested persons.

CJI cautions A-G that this does not apply in this case as it is narrowly deals with offenders. A-G says he wants to read the portion relating to retention of DNA. CJI allows him to continue reading.
Apr 4, 2018 13 tweets 2 min read
#Aadhaar hearing. I am in Court now. A-G on his legs. Repeating his point on prevention of dissipation of social benefits, money laundering, tax evasion and terrorism are all legitimate state interests. Therefore Section 7, and other PMLA notifications are valid. DYC J asks about Section 57 and private usage. A-G says he will come to it later.