Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
72) Before proceeding further, it would be necessary to state here the approach which we have
adopted in dealing with various issues that are raised in these petitions. That may help in
understanding the manner in which the matter is dealt with. This necessitates some introductory
remarks:
(i) We may remark at this stage itself that many of the heads of challenge which are
taken note of above are overlapping and, therefore, discussion on one aspect may
provide substantial answers to the arguments advanced under the other head of
challenge as well. Our endeavour, therefore, would be to eschew the repetitive
discussion. However, our anxiety to bring clarity and also in order to have continuity
of thought while discussing a particular head, may have led to some repetitions at
different places. In any case, we would be dealing with the various heads of challenge,
one by one, so as to cover the entire spectrum.
(ii) In order to have a smooth flow of discussion, we are going to formulate the questions which arise
in all these petitions and then decide those issues. Since, number of advocates 7 appeared on both
sides, many of the arguments addressed by them were overlapping and repetitive. In this scenario,
we deem it proper to collate the arguments of all the counsel and present the same while
undertaking the discussion on each of the issues. Thus, in the process, we would not be referring to
each counsel and her arguments. We may, however, intend to place on record that all 7 S/Shri Kapil
Sibal, Gopal Subramaniam, P. Chidambaram, Shyam Divan, K.V. Viswanathan, Neeraj Kishan Kaul,
C.U. Singh, Anand Grover, Sanjay R. Hegde, Arvind P. Datar, V. Giri, Rakesh Dwivedi, Jayant
Bhushan, Sajan Poovayya, P.V. Surendra Nath, Senior Advocates, K.K. Venugopal, Attorney General
for India, Tushar Mehta, Additional Solicitor General of India, Gopal Sankaranarayanan and Zoheb
Hossain, Advocates. the counsel on both sides had taken the advocacy to its highest level by
presenting all possible nuances of the complex issues involved. In the process, plethora of literature
on such issues, including the law prevailing across the Globe was cited. We, therefore, place on
record our appreciation of the sublime nature of lawyering in this case.
(iii) As pointed out above, many number of foreign judgments were cited during arguments. The
history of this Court reflects that this Court has liberally accepted the good practices, rules of
interpretation and norms of constitutional courts of other jurisdictions. In fact, in drafting Indian
Constitution itself, the framing fathers had studied various foreign models and adopted provisions
from different Constitutions after deep reflection. Constitutional influences of system prevailing in
some of the countries on Indian Constitution can be summarised as under: From UK Parliamentary Type of Government
- Cabinet System of Ministers
- Bicameral Parliament
- Lower House more powerful
- Council of Minsters responsible to Lower House From US - Written Constitution
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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