Last week, a directive from India’s ministry of home affairs (MHA) authorised ten government agencies to intercept any communication from any electronic device, including computers, and mobile phones, when investigating matters of national importance.
Opposition leaders cried foul, alleging privacy violation and the creation of a surveillance state, but the government staunchly defended the measure as vital for national security.
For any regular observer of Indian politics, the one certainty in this debate is that the directive will face a constitutional challenge before long. The question is, will it survive judicial scrutiny?
A circular by a ministry is an executive order, which satisfies