C in K. S. Puttaswamy v. Union of India (2017) 10 SCC 1 [“Puttaswamy (Privacy)”] and K. S. Puttaswamy v. Union of India (2018) 12 SCALE 1 [“Puttaswamy (Aadhaar)”]. Petitioner No. 1 herein, i.e. the Internet Freedom Foundation [“IFF”], is a registered charitable Trust, setup inter alia to protect, promote and defend human rights of citizens using information communication technologies, and it has proactively intervened and assisted courts in India on cases affecting the rights of citizens for an open, equitable and secure access to the Internet. The Petitioner-Trust is deeply concerned by the pervasive, sweeping, and clandestine activities of the State to intercept, monitor, and decrypt communications and other data generated, stored, shared, or transmitted through digital platforms. The Petition submits that the relaxation of the rules of locus standi and the jurisprudential evolution of PILs is oriented towards this Hon’ble Court functioning as the last bulwark of liberty in cases precisely like the present one, where there is little scope for the subject of surveillance to approach a Court in specific instances, since the system itself is covert. Therefore, with little or no possibility of individuals detecting and complaining of legal injury, it is imperative for this Hon’ble Court to test the constitutionality of the surveillance system erected by the impugned provisions along with the impugned notification, especially since its very existence, in the absence of any independent oversight, impacts the fundamental rights of citizens. i. First and foremost, the very act of surveillance – taken on its own – infringes fundamental rights under Articles 19(1)(a) and 21. While the “harm” that surveillance causes cannot be quantified in a physical or tangible form, this Hon’ble Court has never insisted