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Showing posts with the label Indian Constitutional Law

“Making a Mockery of Constitutionalism”: Supreme Court’s Strong Warning to WhatsApp Over Indians’ Data Privacy

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Introduction: A Defining Moment for Digital Privacy in India The Supreme Court of India has delivered one of its strongest judicial rebukes yet to a global technology platform, warning WhatsApp and its parent company Meta Platforms that the exploitation of personal data of even a single Indian citizen will not be tolerated . In sharp language, the Court described WhatsApp’s data-sharing practices as a “ decent way of committing theft of personal information ” and cautioned that the platform was “ making a mockery of the constitutionalism of this country ”. The remarks came during the hearing of a batch of appeals concerning WhatsApp’s controversial 2021 Privacy Policy , which significantly expanded data sharing with Meta entities. Background of the Case: WhatsApp’s 2021 Privacy Policy The Triggering Event In January 2021, WhatsApp introduced a revised privacy policy requiring users to consent to expanded data sharing with Meta companies as a condition for continued use of the platform....

Fixing Probe Timelines Must Be an Exception, Not the Rule: Supreme Court Reins in High Court’s Directions

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Introduction In a significant ruling reinforcing the balance between judicial oversight and investigative autonomy , the Supreme Court of India has held that fixing timelines for completion of criminal investigations must remain an exception and not the norm . The judgment cautions High Courts against routinely prescribing time-bound probes under Article 226 of the Constitution , emphasising that investigations are inherently complex and unpredictable. The ruling came while setting aside an Allahabad High Court order that directed the Uttar Pradesh Police to complete an investigation into an alleged arms licence forgery within three months and granted the accused protection from arrest. Background of the Case The case arose from allegations that three accused had obtained arms licences using forged documents . The police initiated the investigation in May 2024 . In June–July 2024 , the Allahabad High Court: Directed the police to complete the investigation within 90 days Granted the a...

Karnataka Assembly Passes Hate Speech and Hate Crimes Prevention Bill Amid Opposition Protest

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Introduction The Karnataka Legislative Assembly has passed the Karnataka Hate Speech and Hate Crimes Prevention Bill , a controversial piece of legislation aimed at curbing hate speech and hate crimes in the state. The bill was cleared amid intense opposition protests , with Bharatiya Janata Party (BJP) legislators disrupting proceedings and abstaining from the final stages of debate. The legislation classifies hate speech and hate crimes as cognisable and non-bailable offences , triggering significant constitutional and legal debate. Background and Legislative Context The bill was introduced by Home Minister G Parameshwara , who stated that the objective of the legislation is to prevent the dissemination, publication, and promotion of hate speech that fuels disharmony, hostility, and violence against individuals or groups. The House proceedings were disrupted by BJP legislators protesting remarks made earlier by Urban Development Minister BS Suresh regarding lawmakers from Karnatak...