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