Prasanna S Profile picture
A coder turned lawyer. Part of @Article21_Ind & @Project_Const Shamelessly fiddling while everything around burns.
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Mar 31, 2021 13 tweets 3 min read
So 31st March, 2021 is here. The much advertised "last date" for Aadhaar - PAN linking.

If you are an Aadhaar hold out, is there any hope at all, even if a slim one?

A short thread.

Disclaimer: This is NOT legal advice. please consult your lawyer for your specific case. Proviso to Section 139AA (2) as it stands now says as follows.
Nov 11, 2020 13 tweets 2 min read
This is not easy. Thread. I speak as someone who witnessed first hand the process of tallying EVM counts with VVPAT slips as a counting agent for an independent candidate in one of the constituencies; and as someone who...
Jul 25, 2020 12 tweets 4 min read
Godi Media are predictably rushing to gaslight to present Rajasthan Governor's refusal to summon the Rajasthan Assembly : as some unresolved constitutional conundrum.

Well, it is NOT.

It is totally unlawful. Goes against a consistent and long line of SC decisions. #Thread The key provisions of the constitution that apply in the question here are Articles 174 and 163.
Mar 22, 2020 6 tweets 1 min read

Do the police have the authority to enforce #JanataCurfew?


Why not?

A curfew or a restriction order under Section 144 of CrPC in a locality or a district can only be passed by the District Magistrates and in some states and cities by the commissioner of police under the respective police laws.

Dec 24, 2019 5 tweets 3 min read
The Aadhaar-NPR-NRC link was pointed out in the Petition filed by @sgvombatkere & @BezwadaWilson and in the Petition filed by @mathew111938 back in 2015!

Section 14A of the Citizenship Act, NRC & NPR were all sought to be struck down.

Thread with screenshots. 1/ WP(C) 220/2015 and WP(C) 37/2015 respectively were cases which were tagged along with other larger Aadhaar cases and the grounds and reliefs concerning the NPR, NRC and the citizenship act was never considered by the Court as the emphasis and focus was largely on Aadhaar 2/
Dec 21, 2019 7 tweets 1 min read
So how can Govt take back CAA given it has been passed by parliament?


1. Make a public announcement and a PIB release saying that the Act won't be brought to force anytime soon - and certainly not before the next session of parliament. 2. Promise to introduce a repealing Act in the next session of Parliament and promise that the Govt will out its support behind the repeal.
Nov 29, 2019 12 tweets 3 min read
Now that BJP has also joined in (again) in the chorus against EVMs, it is time for another electoral integrity thread.

In my mind, broadly, election process integrity can be modelled as four levels of guarantee. Level - 1. There is no conclusive proof that any given election has been rigged.
Aug 5, 2019 7 tweets 2 min read
AG Noorani in his book.

This is how 370 was intended to operate.

See Gopalaswami Ayyangar's exposition of it in the constituent assembly on 17. 10. 1949.

Thread 1/ This was the exact concern that Sheikh Abdullah had. 2/
Apr 21, 2019 14 tweets 2 min read
Reflections on the allegations against the CJI & the hearing yesterday. 1. First on the hearing yesterday. If it is indeed the Solicior General that mentioned and sought a special sitting, did he mention the matter in his capacity as SG or on instruction from the central government? If so, which officer instructed the SG to mention?
Apr 7, 2019 27 tweets 6 min read
#Thread - A heads-up on the EVM-VVPAT hearing tomorrow before the Supreme Court. 1/n 2. A batch of Writ Petitions challenging the ECI's decision to audit EVM counts using VVPATs in no more than one polling station per constituency are coming for hearing. 2/n
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.… 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.