Search Results for: Aadhaar

The Aadhaar/PAN Judgment: Decoding the “Partial Stay”

In an article published today on Scroll.in, Apar Gupta makes an important point about the Supreme Court’s Aadhaar/PAN judgment: even as it upheld the constitutional validity of S. 139AA of the Income Tax Act against challenges based on Articles 14 … Continue reading

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Filed under Article 21 and the Right to Life, Bodily Integrity, Judicial Process, Stays and Injunctions

The Aadhaar/PAN Judgment

In a judgment delivered today, the Supreme Court upheld the constitutional validity of S. 139AA of the Income Tax Act, which makes quoting one’s Aadhaar number mandatory while filing income tax returns. The Court also stayed S. 139AA(2), which provided … Continue reading

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Filed under Article 14, Article 21 and the Right to Life, Bodily Integrity, Equality, Freedom of Trade

The (Continuing) Doctrine of Judicial Evasion in the Aadhaar Case

On this blog, I have argued before that the ongoing Aadhaar litigation provides an example of the Supreme Court’s evolving doctrine of “judicial evasion”: faced with a dispute between individual and State that involves wide-ranging ramifications on civil and constitutional … Continue reading

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Filed under aadhaar, Access to Justice, Article 21 and the Right to Life, Judicial Evasion, Privacy

The Constitutional Challenge to Aadhaar/PAN – III: The Petitioners’ Rejoinder and the Issues before the Court

In the last two posts, we examined the case of the Petitioners and that of the Union of India before the Supreme Court in the constitutional challenge to S. 139AA of the IT Act. In this post, we shall conclude … Continue reading

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Filed under aadhaar, Article 14, Article 21 and the Right to Life, Bodily Integrity, Bodily Privacy/Integrity, Equality, Privacy

The Constitutional Challenge to S. 139AA of the IT Act (Aadhaar/PAN) – II: The Union’s Arguments

In the previous post, I detailed the petitioners’ arguments in the constitutional challenge to S. 139AA of the Income Tax Act, which effectively makes enrolling for an Aadhaar number compulsory for taxpayers. After Petitioners completed their arguments, the Union of … Continue reading

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Filed under aadhaar, arbitrariness, Article 14, Article 21 and the Right to Life, Bodily Integrity, Bodily Privacy/Integrity, Equality, Free Speech, Privacy

The Constitutional Challenge to S. 139AA of the IT Act (Aadhaar/PAN): Petitioners’ Arguments

Last month, through an amendment to the Income Tax Act, Parliament made it compulsory for all taxpayers to quote their Aadhaar numbers while filing their return of income (or while applying for a new PAN number). Under the new Section … Continue reading

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Filed under aadhaar, Article 21 and the Right to Life, Bodily Integrity, Bodily Privacy/Integrity, Privacy

Round-Up: Constitution Bench Judgments on Assisted Dying and Parliamentary Standing Committee Reports

Ever since the present Chief Justice assumed office, he has been presiding over what is effectively a permanent Constitution Bench, that has been hearing – and is scheduled to hear – a total of thirteen cases. In the first half … Continue reading

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Filed under Article 21 and the Right to Life, Bodily Integrity, Judicial Process, Parliamentary Privileges, Right to Die, Tranformative Constitutionalism

Guest Post: Cracks in the Foundation – Two Fundamental Issues in the Puttaswamy Decision that threaten its legacy

(This is a guest post by Karan Lahiri, a practicing advocate based in New Delhi.) — [This essay assumes that the reader has read the 10-part series on the Puttaswamy decision on this blog] The decision handed down by nine judges … Continue reading

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Filed under Privacy

Judicial Evasion, Book Bans, and the Unreasoned Order

[Update: A previous version of this post mistakenly stated that the Supreme Court had dismissed the appeal in a single-line order. What the Court did was to state in court that it would not interfere with the High Court judgment, … Continue reading

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Filed under Free Speech, Hate Speech

The Supreme Court’s Right to Privacy Judgment – IV: Privacy, Informational Self-Determination, and the Idea of Consent

In our discussion of the Supreme Court’s judgment in Puttaswamy, so far, one common thread is emerging: the individual is at the heart of the Court’s understanding of the right to privacy. We saw this in the Court’s refusal to frame … Continue reading

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Filed under Bodily Privacy/Integrity, Privacy