Over the past decade, India has witnessed significant conflict within—and around—several democratic institutions meant to act as a check on executive power. One of the most important theatres of conflict has been the judiciary—more specifically, the Supreme Court.

A new book by the legal scholar Gautam Bhatia, Unsealed Covers: A Decade of the Constitution, the Courts and the State, takes readers through some of the most controversial cases that have come before the court during this critical decade. Gautam is a lawyer who has been personally involved in several important contemporary constitutional cases. He is the author of multiple books of fiction and non-fiction and founder of the influential, “Indian Constitutional Law and Philosophy” blog.

Gautam joins Milan on the show this week to talk about the relationship between judicial assertiveness and the strength of the government in power, disconcerting signs of excessive judicial deference, and ongoing debates over the right to privacy.

Plus, the two discuss the controversial issue of electoral bonds, the government’s proposed law outlining new procedures to select election commissioners, and the vagaries of the controversial anti-defection law.

1. Gautam Bhatia, “Decoding the Supreme Court’s Election Commission Judgment – I,” Indian Constitutional Law and Philosophy (blog), March 3, 2023.

2. Gautam Bhatia, “A case that scans the working of the anti-defection law,” Hindu, February 24, 2023.

3. Gautam Bhatia, “The Supreme Court’s Right-to-Privacy Judgment,” Economic & Political Weekly 52, no. 44 (November 4, 2017).