The Longest Constitution with Priya Mirza

What comes first? Monuments or people’s jobs? In this episode of The Longest Constitution, we take a look at yet another MC Mehta petition (there were several!) and how the PIL went from being a tool for the poor to an unaccountable weapon wielded by the Supreme Court. We also look at a case where a serial killer petitioned for his right to privacy and consent when it came to his autobiography being published. The case raised the question of whether a ‘public figure’ can file for defamation? And lastly, we look into electoral bonds and their unconstitutional nature, more deeply.

On electoral bonds:

1. https://www.huffpost.com/archive/in/entry/electoral-bonds-rti-arun-jaitley-law-ministry_in_5e2eccb1c5b6d6767fd8733f?utm_hp_ref=in-electoral-bonds

2. Sondhi, Aditya, “Elections”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

On the Taj Mahal and environmental litigation:

1. Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13.

On Auto Shankar and defamation:

1. https://globalfreedomofexpression.columbia.edu/cases/r-rajagopal-v-state-of-t-n/

2. https://www.thehindu.com/news/cities/chennai//article60429828.ece

3. https://www.thehindu.com/news/national/infosys-slaps-defamation-notice-on-three-newspapers/article6098717.ece

4. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 8.

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: (https://twitter.com/fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app. You can check out our website at https://shows.ivmpodcasts.com/featured

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It's our 50th episode! And we are looking at a thoroughly unconstitutional affair: electoral bonds! This episode of The Longest Constitution looks into how in the name of transparency, the BJP government introduced unaccountable crores into Indian elections. We also look at other sinister matters, such as 69A of the IT Act which allows the government to block public access to an intermediary. Finally, we continue with our slow and steady study of the PIL and how it led to the Supreme Court turning into an order-passing institution, rather than following its constitutional mandate of interpreting the Constitution.

On electoral bonds:

1. https://carnegieendowment.org/2019/11/25/electoral-bonds-safeguards-of-indian-democracy-are-crumbling-pub-80428

2. https://www.hindustantimes.com/india-news/power-to-the-rich-india-needs-to-talk-about-money-in-politics/story-fIX0iZ32V7bzkMlZIP6xlK.html

3. https://www.huffpost.com/archive/in/entry/electoral-bonds-delhi-elections-rti_in_5e44eafcc5b62b85f82eac4d

On 69A, IT Act, 2000

1. https://indianexpress.com/article/cities/delhi/dowry-calculator-satirical-website-block-delhi-high-court-centre-7921354/

2. https://internetfreedom.in/delhi-hc-issues-notice-to-the-government-for-blocking-satirical-dowry-calculator-website/

3. https://theprint.in/theprint-essential/all-about-section-69a-of-it-act-under-which-twitter-had-withheld-several-posts-accounts/597367/

On PIL and environmental litigation

1. Baviskar, Amita, 2006, “Rethinking Indian Environmentalism Industrial Pollution in Delhi and Fisheries in Kerala, in (ed), Forging Environmentalism

2. Justice, Livelihood, and Contested Environments, New York: ME Sharpe.

3. Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13.

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: (https://twitter.com/fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app. You can check out our website at https://shows.ivmpodcasts.com/featured

Do follow IVM Podcasts on social media.

We are @IVMPodcasts on Facebook, Twitter, & Instagram.

Follow the show across platforms:

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Have you read The Polyester Prince: The Rise of Dhirubhai Ambani? Chances are, not! While pirated copies may be in circulation, this episode of The Longest Constitution looks at the Ambani's filed an injunction against the book’s publishers. This is not unusual. Private and powerful corporations and individuals have used the clause of defamation, both under Article 19(2) of the Constitution of India, as well as the Indian Penal Code (IPC) to obstruct the publication of a book of public interest, with success. We also look at how much a candidate can spend in an election campaign and the laws related to that. Plus, we examine the growth of the PIL in the 1980s looking at a very pertinent case: air pollution in New Delhi.

Reading material:

1. On the Ambanis and the injunction against The Polyester Prince:

1. https://www.rediff.com/money/2000/jul/26dalal.htm

2. https://theprint.in/features/remembering-dhirubhai-ambani-the-polyester-prince-who-made-himself-king-of-india-inc/169949/

3. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 8.

2. On PIL’s and air pollution:

1. Baviskar, Amita, 2006, “Rethinking Indian Environmentalism Industrial Pollution in Delhi and Fisheries in Kerala, in (ed), Forging Environmentalism

2. Justice, Livelihood, and Contested Environments, New York: ME Sharpe.

3. Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13.

3. On campaign finance laws:

1. https://indiankanoon.org/doc/680015/

2. Sondhi, Aditya, “Elections”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: (https://twitter.com/fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to this show and other incredible shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app. You can check out our website at http://www.ivmpodcasts.com/

See omnystudio.com/listener for privacy information.

Considering the number of candidates contesting in elections who have pending criminal cases against them, what if one does not actually want to vote for any of them? This episode looks at the litigation which led the Supreme Court to introduce the option of NOTA - None of the Above in EVMs (electronic voting machines). We also look at the Delhi oleum gas disaster, which was eerily similar to the Bhopal gas tragedy but we note the differences in the litigation and outcome. And finally, we look at how television is also regulated by arbitrary and vague codes which allow prohibition in its transmission.

Listen to the previous episode here: The Longest Constitution

Reading material:

Delhi oleum case:

1. Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 15.

2. https://indiankanoon.org/doc/1486949/

Freedom of expression and TV:

1. Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking.

2. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 7.

3. https://indiankanoon.org/doc/889663/

The NOTA case:

1. Sondhi, Aditya, ‘Elections’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

2. https://globalfreedomofexpression.columbia.edu/cases/peoples-union-civil-liberties-v-india/

3. https://main.sci.gov.in/pdf/SupremeCourtReport/2013_v12_pii.pdf

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: (https://twitter.com/fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to this show and other incredible shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app. You can check out our website at http://www.ivmpodcasts.com/

See omnystudio.com/listener for privacy information.

Can you be arrested for a Facebook post? What are the laws which govern freedom of expression on the Internet? This episode of The Longest Constitution looks at 66A of the Information Technology Act, 2000, and this provision allowed the arbitrary arrest and prosecution of several writers, artists, and generally, regular people! With this episode, we also wrap up the Bhopal Gas Tragedy and conclude how more than an American company, it was the Indian government that let the victims of the Bhopal gas tragedy down. And lastly, we look at how freedom to expression also includes the right to receive information.

Freedom of expression:

1. https://indianexpress.com/article/explained/explained-the-shreya-singhal-case-that-struck-down-section-66a-of-it-act-7408366/

2. https://indianexpress.com/article/india/india-others/sec-66a-21-individuals-who-changed-the-system-2325682/

Bhopal gas tragedy:

1. https://www.thehindu.com/opinion/op-ed/A-traffic-accident-in-Bhopal/article13582174.ece

2. https://www.india-seminar.com/semframe.html

Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13.

The right to receive information:

1. https://globalfreedomofexpression.columbia.edu/cases/peoples-union-of-civil-liberties-pucl-v-union-of-india/

2. https://www.thehindu.com/elections/lok-sabha-2019/43-newly-elected-lok-sabha-mps-have-criminal-record-adr/article27253649.ece

3. https://globalfreedomofexpression.columbia.edu/cases/union-india-uoi-v-respondent-association-democratic-reforms-another-peoples-union-civil-liberties-pucl-another-v-union-india-uoi-another/

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: ( fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.

Why is Indian cinema regulated by the Censor Board? And what are the archaic mores that regulate it? In this episode of The Longest Constitution we look at how the Censor Board sensibilities shaped the iconic film, Sholay and delve into the concept of parens patriae. We also continue tracking the journey of the Bhopal gas tragedy and the peculiar argument advanced by the Indian government that the USA would be better ground to try the case because of its more sophisticated tort law . And finally, we look at how Article 21 has expanded to reexamine substantive provisions of law.

On the Censor Board:

https://indianexpress.com/article/opinion/columns/a-sholay-we-dont-know/

Liang, Lawrence, 2016, “Free Speech and Expression”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking.

On the Bhopal gas tragedy:

https://www.thehindu.com/opinion/op-ed/A-traffic-accident-in-Bhopal/article13582174.ece

https://www.business-humanrights.org/en/latest-news/union-carbidedow-lawsuit-re-bhopal/#:~:text=In%201989%20the%20Indian%20Supreme,Bhopal%20victims%20and%20their%20survivors.

https://www.india-seminar.com/semframe.html

On due process, Article 21 and the Sunil Batra case:

Chandrachud, Abhibav, (2016), “Due Process”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

https://indiankanoon.org/doc/162242/

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: ( fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.

It took the world’s worst industrial disaster, the gas leak on 3rd December 1984 Bhopal, for India to wake up to the fact that we did not have the laws to protect people from transnational criminal negligence. This is the first installment of the a three-part account of what followed the tragedy. We also look at the expansion of Article 21 in the famous Menaka Gandhi passport case as well as why we have a film Censor Board.

1. On the Bhopal gas tragedy:

https://www.downtoearth.org.in/coverage/environment/30-years-of-bhopal-gas-tragedy-a-continuing-disaster-47634
Chouhan, T R (ed) (2004), Bhopal: The Inside Story, Apex Press: New Delhi.

3, On the right to fly:

Mirza, Priya, (2021, ‘Lessons from India’s Long Journey to gaining the right to fly’, https://caravanmagazine.in/history/lessons-from-indias-long-journey-to-gain-the-right-to-fly

4. On due process:

CHandrachud, Abhibav, (2016), “Due Process”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:
Instagram
(https://www.instagram.com/thelongestconstitution_/ )
Twitter: ( fundamentallyp )
Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.

Finally, we are here. Sixteen months after completing the draft of the Constitution of India, the same bunch of people amended three fundamental rights: Articles 15, 19, and 31. This episode, though, focuses on the litigation and changes to Article 19. We also continue with tracking the journey of freedom of expression as well as the birth of the PIL in India’s constitutional jurisprudence. What happens when the state determines the price and the number of pages of newspapers? Tune in and find out!

Reading material:

On the first amendment:

1. Menon, Nivedita (2004), “Citizenship and the Passive Revolution: Interpreting the First Amendment”, Economic and Political Weekly, 39(18), 1812-1819.

2. Singh, Tripurdaman (2021), Sixteen Stormy Days: The Story of the First Amendment of the Constitution of India, New Delhi: Penguin.

3. Liang, Lawrence, 2016, “Free Speech and Expression”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

4. Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking.

5. https://indiankanoon.org/doc/243002/

On PIL:

1. Divan, Shyam, (2016),” Public Interest Litigation”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

2. https://indiankanoon.org/doc/243002/

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )
Twitter: ( fundamentallyp )
Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.

What led to the momentous and radical first amendment to the Constitution of India? This episode looks at another case, which compelled our first democratically elected government to reconsider the extent of the Freedom of Expression under Article 19(1)(a). We also wrap up our exploration of the Niyamgiri conflict by looking at the events which led to India’s first environmental referendum. Plus, a few alarming bits about how the President of India is elected!

Reading material:
On free speech:

https://indiankanoon.org/doc/1187435/

Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking.On the Niyamgiri conflict:

Padel, Felix and Samarendra Das, 2011, Out of this Earth: East India Adivasis and the Aluminum Cartel, New Delhi: Orient Black Swan.

https://www.downtoearth.org.in/coverage/dongrias-decide-41620

On the President of India:

https://indiankanoon.org/doc/334417/

Dam, Shubhankar, 2016, “Executive” in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:
Instagram: (https://www.instagram.com/thelongestconstitution_/ )
Twitter: ( fundamentallyp )
Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.

What's the big deal about an oath? A lot. And especially when it is to do with the people entrusted with the highest political offices under the Constitution of India. This episode of The Longest Constitution looks at a case that clarified the hugely important role of the President of India: upholding the Indian constitution. Apart from that, we carry on with two other journeys we are making: the story of the Dongria Kondhs and their battle against Vedanta, the mining corporation under the PESA Act. And the contested journey of free speech in India.

On free speech:

1. https://indiankanoon.org/doc/43023/ Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP.

On the Niyamgiri conflict:

1. https://climate-diplomacy.org/case-studies/mining-conflict-niyamgiri-hills-india Padel, Felix, 2009, Sacrificing People: Invasions of a Tribal Landscape, New Delhi: Orient BlackSwan.

On the President of India:

1. https://indiankanoon.org/doc/648662/ Dam, Shubhankar, 2016, “Executive” in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: ( fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.