[SC LIVE-UPDATES] [Section 24- New Land Acquisition Act- Constitution Bench Hearing]
[Kaushal Kishore]
J. Mishra - We are asking the government what should be done. Are you compromising basic rights ?
Salve - Functional test jurisprudence must get incorporated in the Constitution.
[Kaushal Kishore]
Salve - There is functional test today for state power. Articles 14 and 19 are direct, but Article 21 is supreme.
[Kaushal Kishore]
Salve : Steps are there. Building blocks are there. Take a look at Puttuswamy. Privacy rights are both negative and positive.
[Kasuhal Kishore]
Salve : If a private company is creating an ecosystem in which the citizens cannot enjoy their rights, then it is the duty of the State to ensure that it doesn’t. The State must create the next level of constitutionalism
[Kaushal Kishore]
Salve : We have to inculcate national conscience. Late Palkhivala asked us if we were Bengali, Gujarati, Marathi, but who is an Indian ?
[Kaushal Kishore]
Salve : You have a duty to create an ecosystem which can help the sustainability of the right. Right to administer does not mean right to not administer.
J. Bhat - We should not fall into a trap which is essentially the core of freedom of speech.
Salve - Legislation cannot start until and unless your Lordships aid it with guidelines.
Salve: My submission is that a minister as a public function who is under oath of office; the court can directly take action against constitutional damage in these circumstances. In instances of privacy of victims, they are vulnerable to these damages.
[Kaushal Kishore]
J. Bhat - We should not fall into a trap which is essentially the core of freedom of speech.
Salve - Legislation cannot start until and unless your Lordships aid it with guidelines.
[Kaushal Kishore]
Salve - My submission is that a minister as a public function who is under oath of office; the court can directly take action against constitutional damage in these circumstances. In instances of privacy of victims, they are vulnerable to these damages.