- NPAs under PM Modi's Mudra scheme jumped 126% in FY19
- shows RTI
- RTI query reveals banking frauds of ₹ 2.05 Trillion reported in the last 11 years
- 509 per cent rise in cases under child labour law: Study
- The Central Information Commission has allowed disclosure of file notings on the mercy petition of a rape and murder convict, rejecting the government's contention that the records cannot be disclosed as these are privileged documents under Article 74(2) of the Constitution.
- Electoral bonds worth over ₹5,800 crore were bought by donors to fund political parties between March 1, 2018 and May 10, 2019, a Right to Information reply has said.
- Don't pay 500/- for answer sheet now- Supreme Court says if Answer sheet is asked under RTI, RTI Fees will be governed
By Priya De
Find here the original Supreme court judgement on Aadhaar.
(1) The requirement under Aadhaar Act to give one's demographic and biometric information does not violate fundamental right of privacy.
(2) The provisions of Aadhaar Act requiring demographic and biometric information from a resident for Aadhaar Number pass threefold test as laid down in Puttaswamy (supra) case, hence cannot be said to be unconstitutional.
(3) Collection of data, its storage and use does not violate fundamental Right of Privacy.
(4) Aadhaar Act does not create an architecture for pervasive surveillance.
(5) Aadhaar Act and Regulations provides protection and safety of the data received from individuals.
(6) Section 7 of the Aadhaar is constitutional. The provision does not deserve to be struck down on account of denial in some cases of right to claim on account of failure of authentication.
(7) The State while enlivening right to food, right to shelter etc. envisaged under Article 21 cannot encroach upon the right of privacy of beneficiaries nor former can be given precedence over the latter.
(8) Provisions of Section 29 is constitutional and does not deserves to be struck down.
(9) Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3).
(10) Section 47 of the Aadhaar Act cannot be held to be unconstitutional on the ground that it does not allow an individual who finds that there is a violation of Aadhaar Act to initiate any criminal process.
(11) Section 57, to the extent, which permits use of Aadhaar by the State or any body corporate or person, in pursuant to any contract to this effect is unconstitutional and void. Thus, the last phrase in main provision of Section 57, i.e. “or any contract to this effect” is struck down.
(12) Section 59 has validated all actions taken by the Central Government under the notifications dated 28.01.2009 and 12.09.2009 and all actions shall be deemed to have been taken under the Aadhaar Act.
(13) Parental consent for providing biometric information under Regulation 3 & demographic information under Regulation 4 has to be read for enrolment of children between 5 to 18 years to uphold the constitutionality of Regulations 3 & 4 of Aadhaar (Enrolment and Update) Regulations, 2016.
(14) Rule 9 as amended by PMLA (Second Amendment) Rules, 2017 is not unconstitutional and does not violate Articles 14, 19(1)(g), 21 & 300A of the Constitution and Sections 3, 7 & 51 of the Aadhaar Act. Further Rule 9 as amended is not ultra vires to PMLA Act, 2002.
(15) Circular dated 23.03.2017 being unconstitutional is set aside.
(16) Aadhaar Act has been rightly passed as Money Bill. The decision of Speaker certifying the Aadhaar Bill, 2016 as Money Bill is not immuned from Judicial Review.
(17) Section 139AA does not breach fundamental Right of Privacy as per Privacy Judgment in Puttaswamy case.
(18) The Aadhaar Act does not violate the interim orders passed in Writ Petition (C) No. 494 of 2012 and other Writ Petitions.
HC directs GCZMA to verify legality of Club Paradiso
Panaji, Dec 12 Responding to a petition filed by one Mr Rutul Sharma challenging the inaction of GCZMA and alleging non-payment of lease amount to the government by the discotheque â€˜Club Paradisoâ€™, the High Court has asked the GCZMA and Goa Tourism Development Corporation (GTDC) to look into the matter.
The Bench consisting of Mr Justice DB Bhosale and Mr Justice NA Britto has asked GCZMA to decide whether the structure is legal or illegal within a period of 8 weeks from today. It is also made clear that GCZMA can take appropriate action if the same is found to be illegal and in violation of CRZ regulation.
Pertaining to the lease amount, the court has asked the petitioner to make a representation to GTDC, within a weekâ€™s time. It is further directed that if any representation is made the same should be decided within a period of 12 weeks after giving opportunity to both the parties.
It is alleged by the petitioner that one Mr Nandagopal Kudchadkar is carrying out an illegal commercial activity of running a discotheque and night cub styled as â€˜Club Paradisoâ€™, under the garb of running a restaurant.
Mr Sharma stated that the illegal structure has been erected in close proximity to the beach and hence is in violation of the CRZ III area. The petitioner approched the GCZMA pointing out the illegalities; however the authorities took no action.
The petitioner also obtained information under the RTI Act and learnt that Mr Kudchadkar had taken the property on an annual lease rent of Rs 5,07,000. However till date no lease deal has been executed between them.
According to the petitioner, till July 6, 2007 there are arrears of Rs 15,32,250 and no action has been initiated by GTDC for recovery of dues. Now, with the direction of the High Court, the GCZMA has to decide the illegality of the structure within a period of 8 weeks.
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