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:

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

Special thanks to Anand Thakore, Gita Sahgal, Homi Ranina, Lalitha Kumaramangalam, Reetika Subramanian and Vimal Thakore.

Clips used:

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

Clips used:

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

Clips used

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. 

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. 

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. 

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