In the sake of national security, the state cannot suppress democratic opposition.

• The Supreme Court of India has emphasized the need for systemic checks and supervision in state surveillance.

• The focus should be on who could be legitimate targets, not just the state’s ability to use spyware.

• The government has neither confirmed nor denied using Pegasus, an Israel-made military grade spyware, used to target a wide range of people.

• The matter was brought to the Court after global revelations about the tool’s existence and use.

• High-profile iPhone users, the primary target of Pegasus, continue to receive security alerts about suspected state surveillance.

• States worldwide have used extra-legal measures to snoop on targets using advanced technologies.

• Without adequate legal and technological resources, the state would be ineffective in dealing with emerging national security threats.

• The court has called out the government’s tendency to invoke national security to defend denial of due process and transparency in law enforcement.

• National security should not be an excuse for executive arbitrariness and violation of individual rights and dignity.

• Protocols ensuring clearly defined standards and steps in surveillance must be established.

• State agencies cannot interfere in the democratic politics of the country or stifle dissenting voices and activism.