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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

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Surveillance order: Supreme Court notice to Modi govt seeks reply in six weeks

The Supreme Court today (Monday, Jan 14) issued a notice to Narendra Modi government on a clutch of petitions challenging its Dec 20 notification authorising 10 central agencies to intercept, monitor and decrypt information generated, transmitted or stored on any computer in India.

The top court bench of Chief Justice of India (CJI) Ranjan Gogoi and Justices Ashok Bhushan and SK Kaul directed the Centre to respond to the notice within six weeks.

However, the top court, which had earlier denied an early hearing in the case, refused to grant an interim stay on the implementation of the controversial surveillance order.

According to the notification, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.

The 10 agencies notified under the new order are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes (for Income Tax Department), Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and Delhi Police.

Earlier, the government had authorised agencies to tap phone calls but after permission from the Home Secretary. The order was last updated in 2011 and enables agencies to get into social media accounts and telephone intercepts.

The Union Ministry of Home Affairs has now authorised the agencies to intercept information under section 69 (1) of the Information Technology Act, 2000

“For the first time, powers of scanning data at rest have been given to various agencies. Earlier, only data in motion could be intercepted. But now data revived, stored and generated can also be intercepted as powers of seizure have been given,” a senior bureaucrat had explained to NDTV.

This means not just calls or emails, but any data found on a computer can be intercepted. The agencies will also have powers to seize the devices.

The home ministry has authorised the agencies to intercept information under 69 (1) of the Information Technology Act, 2000 which says the central government can direct any agency after it is satisfied that it is necessary or expedient to do so in the “interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognisable offence relating to above or for investigation of any offence”.

The government had come under fire for its order with the Opposition accusing the Centre of running a “police state”.

However, the Central government said the rules for intercepting and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated authority which can carry out such action.

At least four petitions have been moved before the Supreme Court challenging the snooping order on grounds that it violates an individual’s right to privacy and also the apex court’s landmark privacy verdict.

The petitions by lawyer Shreya Singhal, her co-petitioner and Trinamool Congress lawmaker Mahua Moitra, Supreme Court lawyer ML Sharma and others alleged that the government’s order is against the fundamental right to privacy and must be cancelled in the interest of justice.

Advocate Manohar Lal Sharma has sought that the notification be quashed and alleged that the government’s motive behind the order was “to find political opponent, thinker and speaker to control entire country under dictatorship to win coming general elections under an undisclosed emergency as well as slavery which cannot be permitted within the Constitution of India (sic)”.

The plea termed the notification “illegal, unconstitutional and ultra vires to the law.” He also sought to prohibit the agencies from initiating any criminal proceedings, enquiry or investigation against anybody under the provisions of the IT Act based on the notification.

The petition alleged that the notification gives the state the right to access every communication, computer and mobile and “to use it to protect political interest and object of the present executive political party.”

A separate petition filed by advocate Amit Sahni says the directive issued by the Ministry of Home Affairs is “undemocratic and an assault on fundamental rights of the citizens of India”.

India News

Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

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The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

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Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

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Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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