Friend of the Court

There were just a handful of women involved in writing a Constitution for a new India, and one of them was Hansa Mehta. Mehta was extraordinary in many ways; she was born into a progressive family that educated her, she faced social opprobrium by choosing to marry outside her caste, and she was among the few active Congress leaders. Mehta emerged as one of the key figures in the nascent women’s movement in India, and forged a career as a dynamic politician and later representative from India to the United Nations. Guests: Achyut Chetan, Mrinalini Sinha, Radha Vatsal Credits: Host: Supriya Nair(Supriya Nair is Head, Research and Media at Godrej DEI Lab)Executive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Script editor: Sukhada TatkeFact checking: Mallika Dandekar Audio and sound design: Saachi RajadhyakshaMastering: Ayan DeRecording Studio: Stitch Audio, Mumbai Advisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan advised the show. Special thanks to Alok Prasanna Kumar, Justice Gautam Patel, Jaydev Mehta, Kiran Mehta and Reetika Subramanian

How do you deploy the principles of justice and fairness day in and day out? What does it mean to work the Constitution “insurgently”? Through his life and work the lawyer and civil rights activist KG Kannabiran showed us exactly how. Sometimes known as the “Naxalite lawyer”, with a reputation for representing poor and downtrodden prisoners, Kannabiran was tireless in his efforts towards preserving human rights and fighting state impunity. In this episode we explore how this lawyer from Andhra Pradesh was at the forefront of India’s civil liberties movement. Guests: Kalpana Kannabiran, D Nagasaila, Nikhileshwar, V SureshSpecial thanks to Justice Gautam Patel, Arun Thiruvengadam, Alok Prasanna Kumar, Deepa Dhanraj and Reetika Subramanian Credits: Host: Raghu KarnadExecutive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Script editing: Sukhada TatkeFact checking: Mallika Dandekar Audio and sound design: Saachi RajadhyakshaMastering: Ayan DeRecording Studio: Stitch Audio, Mumbai Advisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan

In 1950, the newly-formed Supreme Court had to decide on its first case concerning civil liberties. Should the government be allowed to preventively detain citizens, mostly political dissidents? In AK Gopalan vs State of Madras four out of five judges sided with the government. Only one judge differed. His name was Justice Saiyid Fazl Ali and he wrote the court’s first, and one of its most important dissents. What is the historic and legal value of a dissenting judgement, and how did this one come about? In this episode we delve into the life and work of Justice Fazl Ali and the afterlife of his AK Gopalan judgement. Guests: Abhinav Sekhri, Alok Prasanna Kumar and Seher AliCredits: Host: Supriya Nair(Supriya Nair is Head, Research and Media at Godrej DEI Lab)Executive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Fact checking: Mallika Dandekar Audio and sound design: Saachi RajadhyakshaMastering: Ayan DeRecording Studio: Stitch Audio, Mumbai Special thanks to Justice Gautam Patel, Arun Thiruvengadam and Reetika Subramanian Thank you to Sukhada Tatke for editing supportAdvisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan advised the show.

Few political thinkers have had as varied and storied a career as the star of this episode: MN Roy. Did he contribute to the fundamental rights we enjoy today? How did he envision the constitution for a free India? And why did he switch from violent nationalism to communism to mainstream Congress politics? Wanted by the police, chased across continents, a charismatic speaker and thinker, Roy might be largely forgotten today, but here we explore his radical ideas and a vision for an India that never came to be. Guests: Aditya Nigam, Gautam Pemmaraju and Niraja Jayal GopalSpecial thanks to Justice Gautam Patel, Arun Thiruvengadam, Reetika Subramanian and Prabhakar Kumar.Credits: Host: Raghu KarnadExecutive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Fact checking: Mallika Dandekar Audio and sound design: Saachi RajadhyakshaMastering: Ayan DeRecording Studio: at Stitch Audio, Mumbai Thank you to Sukhada Tatke for editing supportAdvisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan

How did filmmakers participate in the nation building project in the early years of independence? What role did films play in popularising our constitutional ideals? Tune in as host Supriya Nair takes you through the life and work of writer KA Abbas and actor-director Raj Kapoor. This episode explores the socio-political commentary in their films and how they touched upon some of the most urgent questions of the time while entertaining audiences.* This episode is based on Lawrence Liang’s chapter on Awara and the constitution from his forthcoming book “Objection m’lord: law and justice in Indian popular cinema”*Guests: Iffat Fatima, Lawrence Liang, Nasreen Munni Kabir and Syeda Hameed. Credits: Host: Supriya Nair (Supriya Nair is Head, Research and Media as Godrej DEI Lab)Executive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Fact checking: Mallika Dandekar Audio and sound design: Saachi RajadhyakshaMastering: Ayan DeRecording Studio: at Stitch Audio, Mumbai Thank you to Sukhada Tatke for editing supportAdvisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan advised the show. Special thanks to Ashish Rajadhyaksha, Justice Gautam Patel, Reetika Subramanian, Sugandha Yadav and Vasuman Khandelwal.

The Indian constitution is one of the few, if only, illustrated constitutions in the world. Twenty two panels open each of the chapters, featuring characters and scenes from Indian history and myth. Who was the person who spearheaded the project of bringing our constitution to life visually? Nandalal Bose, a pioneer of modernism in Indian art, and the favoured artist of both Rabindranath Tagore and Mahatma Gandhi. In this episode we explore how the Constitution came to be illustrated, why certain images were chosen and the life and work of the man in charge of it. Guests: Prof. Siva Kumar, Prof. Naman AhujaSpecial thanks to Justice Gautam Patel, Arun Thiruvengadam, Reetika Subramanian, Sugandha Yadav and Vasuman Khandelwal.Credits: Host: Raghu KarnadExecutive Producer: Ramya BoddupalliProducer: Gaurav VazScriptwriting and research: Bhavya Dore and Ramya Boddupalli Fact checking: Mallika Dandekar  Music direction and sound design: Saachi RajadhyakshaRecording Engineer and Mastering: Ayan DeRecorded at: Stitch Audio, Mumbai Thank you to Sukhada Tatke for editing supportAdvisors: Gouri Divan, Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan.Corrections and Clarifications:1. This episode states that a thousand copies of the Constitution were printed after the decoration was completed in 1950. While it is true that the copies were printed, Nandalal Bose continued to work on the art work for another 4 years [see: https://timesofindia.indiatimes.com/india/constitution-1st-edition-auctioned-for-record-rs-48-lakh/articleshow/112151201.cms]

Hosts Raghu Karnad and Supriya Nair give us a sneak peek into season 3. They introduce the people who inspired this season and discuss the idea of constitutional culture and how it is shaped. Episodes start rolling out on 26 March 2025.

The team behind Friend of the Court sits down for a chat with writer and editor Vikram Shah. They talk about what went into the making of the show, including the research, writing and sound design. Featuring writers Ramya Boddupalli and Bhavya Dore, producer Gaurav Vaz and advisor Lawrence Liang

The new Janata government is keen to roll back the excesses of the emergency. Law minister Shanti Bhushan has to undo the constitutional damage of the emergency years. Legislation doesn't solve all the problems—one final battle remains. And Nani Palkhivala returns to fight for the basic structure. The Minerva Mills case becomes the final phase of this battle between the court and the government. We then examine the legacy and impact of the basic structure judgement both in India and abroad.  Guests: Gautam Bhatia, Prashant Bhushan, KK Venugopal, Lawrence Liang, Navroz Seervai, Sandip Thakore and Justice Rohinton Nariman  Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan For transcript and more resources go to: https://www.anildivanfoundation.org/season-2

The emergency brings in a series of draconian measures including mass sterilisation drives, slum demolitions and press censorship. The conflict between the court and the government seems to have abated for now. Even the basic structure judgement has been dormant for two years. But suddenly, a bench is constituted to review the judgement. A fresh phase of courtroom drama unfolds as Nani Palkhivala comes to defend the judgement. It is described as his finest hour in court. The Gandhi government moves to make other drastic changes to the Constitution. After that, the emergency is abruptly lifted and elections are held. Guests: Ajoy Bose, AK Ganguli, Arvind Datar, Lawrence Liang, Prashant Bhushan, Rajiv Khanna and Justice Rohinton Nariman. Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Clips used: 1976 - Emergency era interview with Indira Gandhi during Mauritius Visit Exclusive: LK Advani On The 'Emergency' Comment Anil Divan on habeas corpus case: https://www.youtube.com/live/kWeZgwgZP_0?si=swJxNUqByFYdCrva  RR7640A INDIA MRS GANDHI DEFENDS HER RECORD Indira Gandhi calls for elections: https://www.indiatoday.in/india/video/the-emergency-indira-gandhi-indian-democracy-430486-2015-06-25  Leader Of Janata Party Narayan Arrives To Jaipur To Launch Elections Campaign: https://www.youtube.com/watch?v=P9cUuIx2PhI  1977 General Elections - Congress rally at Shajapur in Madhya Pradesh  SYND 25 3 77 DESAI SPEAKING AT A PRESS CONFERENCE IN NEW DELHI RR7717 INDIA: POST-ELECTION REPORT https://www.anildivanfoundation.org/season-2

Judgement day finally arrives after 66 days of arguments. Chief Justice Sikri is also set to retire the next day. But the government has yet to announce his successor. When the judges assemble, and start to read their judgements one by one, at first there is no clarity on which way the bench has ruled. Then something unexpected happens: Sikri issues an unusual statement called “View of Majority”--- some judges sign, some do not. It soon becomes clear which way the bench has ruled: we arrive finally at the basic structure doctrine. Soon after, three senior judges are sidestepped and a more junior judge is appointed. Indira Gandhi’s election petition is heard in the high court. Matters come to a head shortly after with the imposition of emergency.  Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Guests: AK Ganguli, Ajoy Bose, Arvind Datar, Gautam Bhatia, Lawrence Liang,  Nayantara Sahgal, Prashant Bhushan, Rajiv Khanna, Justice Santosh Hegde and Yazdi Dandiwala For transcript and more resources go to: https://www.anildivanfoundation.org/season-2

It's now the government’s turn to argue. Who will lead arguments? The advocate general of Maharashtra, HM Seervai, or the attorney general for India, Niren De? Typically, the attorney general, the country’s law officer, leads arguments in major cases. But Indira Gandhi’s ministers have assured HM Seervai that he will lead. For many weeks a tension has been palpable between the two, and it finally comes to a head. The matter is eventually resolved. Both men strongly contest the petitioners’ submissions and defend Parliament’s power to change the Constitution as well as the amendments being challenged. As one judge falls sick and with time ticking, every day in court matters. This leads to more drama, and a confrontation in the judges’ chamber, before the case is finally closed.  Credits Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Guests: AK Ganguli, Lawrence Liang, Navroz Seervai, Justice Michael Kirby, Justice Rohinton Nariman, Sandip Thakore, Yazdi Dandiwala Special thanks to Anand Thakore, Gita Sahgal, Homi Ranina, Lalitha Kumaramangalam, Reetika Subramanian and Vimal Thakore. Clips used: TR Andhyarujina on Kesavananda Bharati: https://www.moneycontrol.com/news/trends/tr-andhyarujinakesavananda-bharati-1131229.html For transcript and more resources go to: https://www.anildivanfoundation.org/season-2

A 13-judge bench is constituted for the very first time in the Supreme court. The government attempts to pack the court with government-leaning judges to obtain a favourable verdict. We hear about the divisions and backgrounds of judges on the bench. Yazdi Dandiwala, a former article clerk, takes us through the petitioners’ preparations. On October 31, 1972 Nani Palkhivala opens arguments for the petitioners. He leads an impassioned defence of fundamental rights. We hear about all the courtroom dynamics, and the behind-the-scenes drama before Palkhivala brings his arguments to a close with a flourish. Credits Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Guests: Arvind Datar, Rohinton Nariman, Sandip Thakore, Yazdi Dandiwala Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Special thanks to Anand Thakore, Gita Sahgal, Homi Ranina, Lalitha Kumaramangalam, Reetika Subramanian and Vimal Thakore. Clips used: Song: Apni Azadi - https://www.youtube.com/watch?v=t_2SIAEDziw Nani Palkhivala budget speech: https://www.youtube.com/watch?v=m0wcIAzXcyU TR Andhyarujina on Kesavananda Bharati: https://www.moneycontrol.com/news/trends/tr-andhyarujinakesavananda-bharati-1131229.html For transcript and more resources go to: https://www.anildivanfoundation.org/season-2

The government has just lost three important battles in court: Golak Nath, bank nationalisation and privy purses. Indira Gandhi, newly re-elected, is determined to implement her socialist vision, even if this means trampling on the fundamental rights. Three of her most trusted ministers get to work—SS Ray, HR Gokhale and Mohan Kumaramangalam. They plot to undo the Golak Nath ruling, which prevents them from passing constitutional amendments that clash with fundamental rights. They pass the 24th and 25th constitutional amendments. Nani Palkhivala, fresh of his legal victories against the government begins publicly criticising these. A Kerala seer called Kesavananda Bharati is one of hundreds of petitioners who moves court against the takeover of his lands. This sets in motion a legal challenge: Kesavananda Bharati vs State of Kerala Credits Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Clips used: https://www.youtube.com/watch?v=jb-QjXcF0qQ https://www.youtube.com/watch?v=R8rePbSkHcE https://www.moneycontrol.com/news/trends/tr-andhyarujinakesavananda-bharati-1131229.html https://www.youtube.com/watch?v=vMEtX1n-BlY https://www.youtube.com/watch?v=G9PqkitIUsQ https://www.youtube.com/watch?v=p6vyF9u542c https://www.youtube.com/watch?v=422teIzGvyA https://www.youtube.com/watch?v=wUHkTJUcQvY https://bangaloreinternationalcentre.org/event/87-kesavananda-bharati-and-the-basic-structure-doctrine-sudhir-krishnaswamy-and-shruti-viswanathan/

India is newly independent, with a path breaking new Constitution in place. The Nehru government is eager to implement land reforms to tackle poverty and inequality. But the fundamental rights provision of the Constitution is coming in the way, particularly the right to property. The government needs to circumvent this. It brings in constitutional amendments to protect its pet policies from court review. This brings Inder Golak Nath to court, resulting in Golak Nath vs State of Punjab. Sandip Thakore, one of the few surviving participants from the case, tells us how it unfolded. Soon after, Indira Gandhi comes to power, and implements bank nationalisation and abolishes princely privileges, setting her up for even more clashes with the courts.  Credits Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Clips used https://www.youtube.com/watch?v=81517NLDHVU https://www.youtube.com/watch?v=2OIRONAw5d0 https://www.youtube.com/watch?v=dIXBG_N0RRQ https://www.youtube.com/watch?v=zF6-zkEBTpg https://www.youtube.com/watch?v=N9L1XfUOTdo https://www.youtube.com/watch?v=vOrs32i0nKQ https://www.youtube.com/watch?v=y6XeUjU3giY https://www.youtube.com/watch?v=BkJs47FjBKc https://www.youtube.com/watch?v=oKk4vKbf5Ak https://www.youtube.com/watch?v=HT8jPzVXo5E https://www.youtube.com/watch?v=23IMQ9o8pM8

Kesavananda Bharati vs State of Kerala is India’s most important legal judgement. In 2023, fifty years since it was pronounced, it continues to guide the country’s constitutional values and jurisprudence.  Season 2 pieces together the events in the run-up to the case, the verdict, and the events that followed from in-person interviews with surviving participants and family members, Anil Divan’s meticulous notes, court filings, personal memoirs and voluminous newspaper archives. Join us in Season 2 of Friend of the Court as we reconstruct the story and examine the impact of the basic structure judgement.  Credits Host: Raghu Karnad Research Manager: Ramya Boddupalli Research: Bhavya Dore, Ramya Boddupalli Legal Research: Aishwarya Chaturvedi Script writing: Bhavya Dore, Ramya Boddupalli Script Editor: Supriya Nair Producer: Gaurav Vaz Sound Design, Score & Title Track: Saachi Rajadhyaksha Mixing & Mastering: Ayan De Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan

Family and friends share memories of Anil Divan, who passed away in 2017. We hear from his wife Smita Divan about their courtship and marriage, their years in Bombay, and Divan’s shift to Delhi in the 1970s. We hear from his youngest son Vivek Divan, his long-time junior Ranvir Singh, and his other colleagues including sitting and former judges such as Justice Sanjay Karol, Justice S Vazifdar and Justice Sujata Manohar. A portrait of Divan emerges: upright, staunchly principled, apolitical and unshakeable. We hear about the man behind the gown, his beliefs and values, his approach to the law and his clients, and what made him a Friend of the Court.  Transcript: https://www.anildivanfoundation.org/episode9  Credits Host: Rajiv Chandran Research Manager: Ramya Boddupalli Research: Bhavya Dore, Mae Mariyam Thomas, Ramya Boddupalli Script writing: Bhavya Dore, Ramya Boddupalli Advisors: Gouri Divan, Ranvir Singh, Shyam Divan, Smita Divan and Vivek Divan  Guests: Aruna Roy, Ranvir Singh, Nikhil De, Justice Sanjay Karol, Justice Shiavax Vazifdar, Justice Sujata Manohar, Smita Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

The Narendra Modi-led NDA comes to power in 2014 and immediately sets its sights on judicial reforms. A new NJAC act is passed in Parliament. A constitutional amendment paving the way for the Act is also passed. Troubled lawyers move the courts opposing the new laws, objecting to the role of the executive that the Act outlines. A vacation bench hears the matter in the summer of 2015. The fate of judicial independence hangs in the balance. Eminent lawyers appear on both sides arguing for and against the new appointments system. In October 2015, the court announced its  verdict.  Reference A list of archival resources used to research this episode can be found here.  News clip of Justice Khehar- https://www.youtube.com/watch?v=tB1WbaeGUuA Sounds of Parliamentary uproar, followed by anchor’s summing up-  https://www.youtube.com/watch?v=xcbJL1JjaK0  News clip of Ex- Attorney General Mukul Rohatgi- https://www.youtube.com/watch?v=rTPtkWKE6D0%20(4.07%20to%204.10)  News clip of RS Prasad- https://www.youtube.com/watch?v=3kcAxADbRkg  News clip of Falil Nariman- https://www.youtube.com/watch?v=yaBugNBMJmY  SC refers plea against NJAC act to 5 judges bench- https://youtu.be/raT5idVxla0  News clip of Supreme court striking down NJAC- https://www.youtube.com/watch?v=qd6lYHjIiG8  News clip of Arun Jaitley on NJAC judgement- https://www.youtube.com/watch?v=qprmv0GG8XM  Anil Divan’s interview with Sansa TV- https://www.youtube.com/watch?v=UoijW0GLWEE  CJI lashes out at government for stalling appointment of HC judges- https://timesofindia.indiatimes.com/india/cji-lashes-out-at-government-for-stalling-appointment-of-hc-judges/articleshow/53678287.cms    Transcript: https://www.anildivanfoundation.org/episode8  Credits: Host:  Raghu Karnad Guests: Abhinav Chandrachud, Anindita Pujari, Dushyant Dave, Prashant Kumar, Santosh Paul, Utkarsh Anand Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

The first major judgement concerning judicial appointments, known as the First Judges case is pronounced. The judgement says that the executive has an upper hand in making appointments. This question is reopened a few years later, in what becomes known as the Second Judges case. A new system is born, in which judges appoint judges. They have the upper hand in making appointments. It is called the “collegium” system and only requires a formal nod from the government. This system has its own flaws. Several governments try to reform this system in the years to come.  Reference A list of archival resources used to research this episode can be found here.  News clip of Indira Gandhi’s campaign trail- https://www.youtube.com/watch?v=0xq6cBB6wu8  Justice V Ramaswamy Impeachment case-  https://www.youtube.com/watch?v=LyzAV6AD9w0  Justice Bhagwati on Judicial corruption and appointment of judges- https://www.youtube.com/watch?v=xFOPVABSjnk  Republic day parade 26th January 2000- https://www.youtube.com/watch?v=6p75IT4_8xg  Saviour of Karunanidhi- https://www.telegraphindia.com/india/saviour-of-karunanidhi/cid/162710  News clip of Shri Arun Jaitley in Rajya Sabha- https://www.youtube.com/watch?v=LTzmM6iOtRc  News clips of Katju’s allegation- https://www.youtube.com/watch?v=LLKI_0phBw8) and https://www.youtube.com/watch?v=_qqmweSMWbQ   Transcript: https://www.anildivanfoundation.org/episode7  Credits Host:  Raghu Karnad Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave, Kailash Vasdev, Kamini Jaiswal, Kapil Sibal, Krishan Mahajan, Prashant Kumar, Santosh Paul Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander

The Constitution spells out the procedure for appointing judges as a consultative process between the government and the judiciary. In the early years of independence, conventions evolve to give the judiciary the upper hand, which the government accepts. But not all is well between the government and the courts. Right from the Nehru years, the government’s social reform agenda puts it on a collision course with the courts. Constitutional amendments are proving to be contentious. And one question dominates  the debate: Can Parliament amend the Constitution however it likes? The Supreme Court answers this question several times over before settling it once and for all in the Kesavananda Bharati case. The case goes on to form the bedrock of constitutional interpretation and later play a key role in the NJAC case. The outcome angers Prime Minister Indira Gandhi, who starts actively meddling in judicial appointments. Reference A list of archival resources used to research this episode can be found here.  News clip of Modi’s swearing in - https://youtu.be/ipL4jLrEKUE  News clip of parliament passing NJAC - https://youtu.be/7H3L0ZmhWjc  News clip of Indira Gandhi winning 1967 election - https://www.youtube.com/watch?v=oKk4vKbf5Ak  News clip of Indira Gandhi on campaign trail- https://www.youtube.com/watch?v=YfK3Bun13r4  News clip of President announcing Emergency- https://youtu.be/QnxXBivNRIM  Atal Bihari Vajpayee’s victory rally speech- https://www.youtube.com/watch?v=nsJ_dRRvsBI    Transcript: https://www.anildivanfoundation.org/episode6  Credits: Host:  Raghu Karnad Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave Research Manager:  Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli  Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas  Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram  Graphic Designer: Sephin Alexander