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Prasanna S
@prasanna_s
, 5 tweets, 1 min read Read on Twitter
Hearing thread. #aadhaar.
Attorney General says DYC J in privacy judgment has specifically talked about Data protection law. A-G again indicates his wish to postpone
...to wait for Srikrishna committee.
....But says Petitioners wanted it to be Nov end and that Union agreed. No more interim is required now as last date is end of Dec earliest.
Twitter acting up. Will tweet a summary soon.
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Prasanna S
@prasanna_s
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
2. On the question of illegality and unconstitutionality of the telecom-Aadhaar linking exercise, all the five judges agreed and struck down the exercise and the 23rd March 2016 circular of the DoT as unconstitutional.
Read 11 tweets
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Prasanna S
@prasanna_s
#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.
However DYC J holds that Aadhaar cannot have been a money bill. Not even Section 7. Passing a Bill which is not a money bill as a money bill a subterfuge and a fraud on the constitution. This is a dissent from Sikri J view.
Read 28 tweets
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Prasanna S
@prasanna_s
#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.
Bench has assembleed. Judgment is voluminous.

First judgment is by Justice Sikri. CJI and Khanwilkar J have concurred with him. DYC J and Ashok Bhushan J have written separate opinions.
Read 36 tweets

Related threads

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sflc.in
@SFLCin
#Aadhaar (day 35) hearing will begin shortly.
Advocate Zoheb Hossain will continue his submissions for State of Maharashtra and UIDAI.
ZH hands over a bunch of international charters and covenants to the bench on harmonization of socio-economic and civil political rights.
Read 43 tweets
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sflc.in
@SFLCin
#Aadhaar (Day 28) hearing will begin shortly.
ASG Tushar Mehta resumes his arguments from yesterday. Says PMLA amendment was made considering the larger public interest. He's reading the relevant provisions of PMLA.
ASG is reading Prevention of Money-laundering(Maintenance of Records) Rules.
Read 33 tweets
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sflc.in
@SFLCin
#Aadhaar final hearing- Day 13: Bench reassembles in #SC. Gopal Subramaniam resumes his arguments.
GS: Refers to article 243G(b) of Constitution. Says that some level of implementation is clear in the said provision.
GS: Says that Puttaswamy judgment talks about identifying eligible recipients. But the present act does not identify eligible recipients, instead it provides proof of identity.
Read 50 tweets
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sflc.in
@SFLCin
#Aadhaar final hearing- Day 11: Hearing to commence soon.
Hearing resumes. Gopal Subramaniam continues on petitioner's behalf.
GS: Refers to the Puttaswamy judgment. Says that the law which impairs dignity is per se unconstitutional.
Read 29 tweets
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sflc.in
@SFLCin
#Aadhaar final hearing-Day 3:
Hearing to resume at 11:30 AM in #SC.
To refresh your memory, read the updates from Day 1 and Day 2 of the hearing here.
sflc.in/updates-aadhaa…
Day 3 hearing commences.
Read 72 tweets
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sflc.in
@SFLCin
#Aadhaar case to be heard today by a 5-Judge Constitution Bench of the Supreme Court for interim relief.
Judges who would be hearing the matter: CJI Dipak Misra, A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan.
Hearing for #Aadhaar interim relief has started.
Read 51 tweets

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