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Shreya Singhal V. Union Of India
''Shreya Singhal v. Union of India'' is a judgement by a two-judge bench of the Supreme Court of India in 2015, on the issue of online speech and intermediary liability in India. The Supreme Court struck down Section 66A of the Information Technology Act, 2000, relating to restrictions on online speech, as unconstitutional on grounds of violating the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India. The Court further held that the Section was not saved by virtue of being a 'reasonable restriction' on the freedom of speech under Article 19(2). The Supreme Court also read down Section 79 and Rules under the Section. It held that online intermediaries would only be obligated to take down content on receiving an order from a court or government authority. The case is considered a watershed moment for online free speech in India. Background History of Section 66A Section 66A of the Information Technology Act, 2000 made it a punishable offence for ...
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Supreme Court Of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters except for personal laws and interstate river disputes, and also has the power of judicial review. The Chief Justice of India is the Head and Chief Judge of the Supreme Court, which consists of a maximum of 34 judges, and has extensive powers in the form of original, appellate and advisory jurisdictions. New judges here are uniquely nominated by existing judges and other branches of government have neglible say as the court follows collegium system for appointments. As the apex and most powerful constitutional court in India, it takes up appeals primarily against verdicts of the High Courts of various states of the Union and other courts and tribunals. It is required to safeguard the fundamental rights of citizens and settles dispu ...
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Rohinton Fali Nariman
Rohinton Fali Nariman (born 13 August 1956) is a former Judge of the Supreme Court of India. Before being elevated as a judge, he practised as a senior counsel at the Supreme Court. He was appointed the Solicitor General of India on 23 July 2011.http://www.thehindu.com/news/national/article2287939.ece , Rohinton Nariman appointed Solicitor-General He also served as a member of the Bar Council of India. He was designated as a Senior Counsel by Justice Venkatachaliah (the then Chief Justice of India) in 1993 at the early age of 37. Early life and education Nariman is the son of Fali Sam Nariman, a distinguished Indian jurist. He received his early education in Mumbai, at the Cathedral and John Connon School. He completed his undergraduate B.Com. degree from Shri Ram College of Commerce. He completed his LL.B froCampus Law Centreof the Faculty of Law, University of Delhi, where he ranked 2nd in the batch. He then went to Harvard Law School for his LL.M. degree in 1980–81 whe ...
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Jasti Chelameswar
Jasti Chelameswar (born 23 June 1953) is the former Judge of Supreme Court of India. He retired on 22 June 2018 as the second most senior Supreme court judge. Earlier, he was the Chief Justice of Kerala High Court and Gauhati High Court. He was also one of the 4 judges who held a controversial press conference against the Chief Justice of India Justice Dipak Misra. Early life Chelameswar was born in Peddamuttevi village of Movva mandal, Krishna district, Andhra Pradesh, the son of Jasti Lakshminarayana, a lawyer who practised at the district court, and his wife Annapoornamma. After completing his schooling in Machilipatnam, Chelameswar enrolled at Loyola College, Chennai and obtained a Bachelor's degree in Science with Physics as his major subject. He then studied Law and obtained an LLB from Andhra University, Visakhapatnam in 1976. Career Chelameswar served as an Additional Judge at the then High Court of Andhra Pradesh. Later, he became the Chief Justice of Gauhati ...
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Information Technology Act, 2000
The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce. Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Background The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. The bill was finalised by a group of officials headed by the Minister of Information Technology Pramod Mahajan. Summary The original Act contained 94 sections, divided into 13 chapters and 4 schedules. The laws apply to the whole of India. If a crime involves a computer or network located in India, persons of other nationalities can also be indicted under the law, . The Act provides a legal framework for electronic governance by ...
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Constitution Of India
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parli ...
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Email
Electronic mail (email or e-mail) is a method of exchanging messages ("mail") between people using electronic devices. Email was thus conceived as the electronic ( digital) version of, or counterpart to, mail, at a time when "mail" meant only physical mail (hence '' e- + mail''). Email later became a ubiquitous (very widely used) communication medium, to the point that in current use, an email address is often treated as a basic and necessary part of many processes in business, commerce, government, education, entertainment, and other spheres of daily life in most countries. ''Email'' is the medium, and each message sent therewith is also called an ''email.'' The term is a mass noun. Email operates across computer networks, primarily the Internet, and also local area networks. Today's email systems are based on a store-and-forward model. Email servers accept, forward, deliver, and store messages. Neither the users nor their computers are required to be online simul ...
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Intermediaries
An intermediary (or go-between) is a third party that offers intermediation services between two parties, which involves conveying messages between principals in a dispute, preventing direct contact and potential escalation of the issue. In law, intermediaries can facilitate communication between a vulnerable witness, defendant and court personnel to acquire valuable evidence, whilst in barter, the intermediary is a person or group who stores valuables in trade until they are needed, parties to the barter or others have space available to take delivery of them and store them, or until other conditions are met. In diplomacy and international relations, an intermediary may convey messages between principals in a dispute, allowing the avoidance of direct principal-to-principal contact. Where the two parties are geographically distant, the process may be termed shuttle diplomacy. Where parties do not want formal diplomatic relations, an intermediary state may serve as a protecting p ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and '' certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of ever ...
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Shreya Singhal
Shreya Singhal is an Indian born lawyer. Her fight against Section 66A of the Information Technology Act of 2000 in 2015 brought her to national prominence in India. Early life and education She was born into a family of eminent lawyers. Her Great-grandfather, H. R. Gokhale, was veteran Congress leader and former Law Minister. Her Grandmother, Justice Sunanda Bhandare, was a judge of the Delhi High Court and a distinguished lawyer. Her Grandfather, Shri M.C. Bhandare, is a Senior Advocate, former Member of Parliament and former Governor of Odisha. Her mother, Manali Bhandare, is a lawyer practicing at the Supreme Court of India. She completed her schooling from the Vasant Valley School in New Delhi in 2009, after which she went to pursue Astrophysics at the University of Bristol in the United Kingdom. She subsequently enrolled at the Campus Law Centre, Faculty of Law at Delhi University, where she graduated in 2016. Section 66A and Restriction of Free Speech Section 66A of ...
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People's Union For Civil Liberties
People's Union for Civil Liberties (PUCL) is a human rights body formed in India in 1976 by Jayaprakash Narayan, as the People's Union for Civil Liberties and Democratic Rights (PUCLDR). Background Indian emergency Jayaprakash Narayan was a Gandhian leader in India after independence. When Indira Gandhi was found guilty of violating electoral laws by the Allahabad High Court, Narayan called for her to resign, and advocated a program of social transformation. He asked the military and police to disregard unconstitutional and immoral orders. However, Janata Party opposition leaders and dissenting members of Indira Gandhi's party, Congress (I) were arrested, beginning The Emergency in 1975. Narayan was detained at Chandigarh, and when released in 1976, formed the PUCLDR to oppose the suppression of civil and political rights during the emergency. The organization was thrown into disarray by his death and the election of the Janata party to power, which promised to enact the PUCL ...
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Article 14 Of The Constitution Of India
Article 14 of the Constitution of India provides for equality before the law or equal protection of the laws within the territory of India. It states:"The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." Reasonable Classification and Non-Arbitrariness Article 14 guarantees equality to all persons, including citizenscorporations and foreigners. Its provisions have come up for discussion in the Supreme Court in a number of cases and the case oRam Krishna Dalmia vs Justice S R Tendolkarreiterated its meaning and scope as follows. Article 14 permits classification, so long as it is 'reasonable', but forbidclass legislation A classification of groups of people is considered reasonable when: # The classification is based upon intelligible differentia that distinguishes persons or things that are grouped from others that are left out of the group, and, # The differential has a rational relation with the obj ...
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