Friend of the Court: Recent Episodes
Anil Divan Foundation
S2 Episodes release every Monday and Wednesday till 20 Dec
Friend of the Court is a podcast series that explores groundbreaking constitutional cases in India’s judicial history against their political and social contexts. Season 2 presents the story of India's most important judgement, Kesavananda Bharati vs State of Kerala which established the basic structure doctrine, the guiding light of our constitutionalism. Over 7 episodes, we take you through the events that led to the case and its aftermath; featuring rare interview with participants, court files and personal memoirs.
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 Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Script editor: Sukhada Tatke
Fact checking: Mallika Dandekar
Audio and sound design: Saachi Rajadhyaksha
Mastering: Ayan De
Recording 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 Suresh
Special thanks to Justice Gautam Patel, Arun Thiruvengadam, Alok Prasanna Kumar, Deepa Dhanraj and Reetika Subramanian
Credits:
Host: Raghu Karnad
Executive Producer: Ramya Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Script editing: Sukhada Tatke
Fact checking: Mallika Dandekar
Audio and sound design: Saachi Rajadhyaksha
Mastering: Ayan De
Recording 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 Ali
Credits:
Host: Supriya Nair
(Supriya Nair is Head, Research and Media at Godrej DEI Lab)
Executive Producer: Ramya Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Fact checking: Mallika Dandekar
Audio and sound design: Saachi Rajadhyaksha
Mastering: Ayan De
Recording Studio: Stitch Audio, Mumbai
Special thanks to Justice Gautam Patel, Arun Thiruvengadam and Reetika Subramanian
Thank you to Sukhada Tatke for editing support
Advisors: 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 Gopal
Special thanks to Justice Gautam Patel, Arun Thiruvengadam, Reetika Subramanian and Prabhakar Kumar.
Credits:
Host: Raghu Karnad
Executive Producer: Ramya Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Fact checking: Mallika Dandekar
Audio and sound design: Saachi Rajadhyaksha
Mastering: Ayan De
Recording Studio: at Stitch Audio, Mumbai
Thank you to Sukhada Tatke for editing support
Advisors: 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 Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Fact checking: Mallika Dandekar
Audio and sound design: Saachi Rajadhyaksha
Mastering: Ayan De
Recording Studio: at Stitch Audio, Mumbai
Thank you to Sukhada Tatke for editing support
Advisors: 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 Ahuja
Special thanks to Justice Gautam Patel, Arun Thiruvengadam, Reetika Subramanian, Sugandha Yadav and Vasuman Khandelwal.
Credits:
Host: Raghu Karnad
Executive Producer: Ramya Boddupalli
Producer: Gaurav Vaz
Scriptwriting and research: Bhavya Dore and Ramya Boddupalli
Fact checking: Mallika Dandekar
Music direction and sound design: Saachi Rajadhyaksha
Recording Engineer and Mastering: Ayan De
Recorded at: Stitch Audio, Mumbai
Thank you to Sukhada Tatke for editing support
Advisors: 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 DELHIRR7717 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
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, Anandita 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
For years the central government delays setting up a tribunal to resolve the water-sharing dispute between Karnataka and Tamil Nadu. Meanwhile, bad monsoons exacerbate issues for farmers on both sides. In 1990, the Supreme Court finally directs the centre to set up a tribunal, a quasi-judicial body to deal with the dispute. Both sides lay their claims before the tribunal and marshall expert witnesses to support their respective cases. Can a tribunal bring about a satisfactory resolution for everyone? And if the Constitution forbids such a matter from reaching the Supreme Court, what options do the states have left?
Reference
A list of archival resources used to research this episode can be found here:
- Rajinikanth commenting on the dispute: https://www.youtube.com/watch?v=neuHq6Vz2UA
- NDTV clip: https://www.ndtv.com/video/news/news/cauvery-verdict-karnataka-simmers-in-anger-11302
- Lok Sabha: http://loksabhaph.nic.in/Debates/result14.aspx?dbsl=7358
- ABP news clip: https://youtu.be/XyZuziQJTlQ
- Describing the 2018 judgement and the water sharing arrangement:: https://www.ndtv.com/video/news/news/in-big-cauvery-verdict-tamil-nadu-s-water-share-cut-karnataka-gets-more-478982
- Kamal Haasan’s clip: https://www.youtube.com/watch?v=umw-cz6iAc0
The transcript and full list of resources are available here: https://anildivanfoundation.org/episode5
Credits:
Host: Raghu Karnad
Guest: AK Ganguli, AS Panneerselvam, KK Lahiri, Mohan Katarki, Sharad Javali, Srinivas Chokkakula, Sugata Srinivasaraju,
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 Cauvery river, which flows through the Southern peninsula has long been the site of disagreements and negotiations. The dispute initially takes off in the 1800s when the princely state of Mysore and Presidency of Madras both lay claim to the river. With new dam building technologies, each side tries to best harness the waters to their ends. Eventually the two sides reach agreements—first in 1892 and later in 1924. The 1924 agreement seems to give one side the upper hand. After Independence, the end of the agreement approaches in 1974, the dispute starts to flare up again. Enmeshed as it is in linguistic identity politics, livelihood issues and electoral politics, the dispute continues to catch fire through the decades.
References
- Nehru’s speech: https://www.youtube.com/watch?v=lrEkYscgbqE&t=46s
- Social dramas- https://en.wikipedia.org/wiki/Bangaarada_Manushya and https://www.youtube.com/watch?v=OJU-4_Yh5QA
- Sir Mokshagundam Visvesvaraya Documentary- https://www.youtube.com/watch?v=Uyhp7uu7o6c
- Aagadu endu song- https://www.youtube.com/watch?v=LfBEZjYRmyI
- NDTV clip of Veerappan- https://www.ndtv.com/video/special/news/veerappan-strikes-again-284478
- Ramchandra Guha on reorganising of Indian States- https://www.facebook.com/IndiaToday/videos/ramchandra-guha-on-reorganisation-of-indian-states-in-1956/10156171971197119/
- Kallanai Dam- https://en.wikipedia.org/wiki/Kallanai_Dam
- Inaugration of Bhakra Nangal- https://drive.google.com/file/d/1nonRyIAIQLRhBXWAPZMmqIbvI9hZZqX8/view?usp=sharing
- Article 262- https://indiankanoon.org/doc/1558821/
- Parilament sound design- https://www.youtube.com/watch?v=vBnYFAOliIY
- State assembly passed a resolution in 1971- https://assembly.tn.gov.in/archive/5th_1971/05_02.pdf
- News clip of Indira Gandhi on Water Dispute- https://www.youtube.com/watch?v=h-0tDMfCJt4
- Audio clips of headlines in the later year covering the violence- https://www.google.com/url?q=https://www.dailymotion.com/video/x5rc3pe&sa=D&source=docs&ust=1655884445467569&usg=AOvVaw1FTzl4SvDhEf4N5geQCuOs
The transcript and full list of resources are available here: http://anildivanfoundation.org/episode4
Credits:
Host: Raghu Karnad
Guest: AS Panneerselvam, KK Lahiri, Sharad Javali, Sugata Srinivasaraju
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 1996 elections loom, and a beleaguered Congress party struggles to win back power. In the meantime, the Hawala PIL is clubbed with other similar anti-corruption petitions in the Supreme court. In the lower court, LK Advani and other prominent figures, find themselves facing a trial in the Hawala corruption-related cases. As action builds inside and outside the courts, an anti-corruption campaigner switches teams. And amicus curiae Anil Divan makes a shocking discovery that will upend the course of the litigations and bring new documents to light. Ultimately, what will come of all the legal proceedings? And what will be the legacy of the Jain Hawala PIL?
References
A list of archival resources used to research this episode can be found here:
-
Excerpt from Justice JS Verma’s interview on the Doordarshan show - “In Conversations with Rajiv Mehrotra”
-
Excerpt about Jharkhand Mukti Morcha’s involvement in the cash for votes scam from Lallantop report
-
Clip of Atal Bihari Vajpayee’s press conference sourced from WildfilmsIndia
- Clip of HK Dua commenting on 1996 elections from Associated Press Archive
- Clip of Fodder Scam investigation sourced from WildFilmsIndia
- Excerpt from Justice JS Verma interview to NDTV show “Walk the Talk”
- Congress party wiped out - https://www.washingtonpost.com/archive/politics/1996/05/10/indias-congress-party-concedes-historic-defeat/d54d5d38-5617-49b2-95ce-72658798b75f/
Archive: https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU
Transcript: https://www.anildivanfoundation.org/episode3
Credits:
Host: Raghu Karnad
Guest: Ashok Kumar Panda, Kamini Jaiswal, Prashant Bhushan, Shantonu Sen
Research Manager: Ramya Boddupalli
Legal Researcher: Vipinn Mittaal and Uday Vir Garg
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 CBI’s investigation into the mysterious set of diaries has stalled, despite evidence of widespread corruption among top politicians and bureaucrats. Public-spirited citizens decide it is time to act. Journalist Vineet Narain picks up the story again and makes it a national issue through his video platform. Senior lawyer Ram Jethmalani joins the crusade. Anil Divan, a formidable lawyer is approached to take on the public interest litigation, a first-of-its-kind corruption petition. The petitioners want the court to push the CBI to investigate, given the evidence it has. Divan is sceptical about the outcome, but comes on board. The first phase of the litigation plays out.
References
A list of archival resources used to research this episode can be found here:
-
Excerpts from Vineet Narain’s Kalchakra report
-
Clipfrom Anil Divan’s interview with Bloomberg TV
-
Excerpts from Justice JS Verma’s interview on the Doordarshan show “Mindscapes: Conversations with Rajiv Mehrotra”
-
News clip about Lalu Prasad Yadav’s resignation sourced from WildFilmsIndia YouTube channel
-
News clip of LK Advani’s press conference from Associated Press Archive
-
Indian CorruptionScandalScIndia
Archive: https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU
Transcript: https://www.anildivanfoundation.org/episode2
Credits:
Host: Raghu Karnad
Guests: Abani Sahu, Ashok Kumar Panda, Kamini Jaiswal, Justice Mukul Mudgal, Prashant Bhushan, Sanjay Kapoor, Shantonu Sen
Research Manager: Ramya Boddupalli
Legal Researcher: Vipinn Mittaal and Uday Vir Garg
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 Parusuam
Graphic Designer: Sephin Alexander
It’s 1991. Rajiv Gandhi has been assassinated and PV Narasimha Rao has just been sworn in. Militancy is on the rise in Kashmir. The CBI discovers a mysterious set of diaries while investigating terror financing networks. The trail leads to the Jains, a powerful business family that in turn points to Rs 65 crore being paid to various prominent figures, including politicians and bureaucrats. The tabloid paper Blitz gets the scoop, splashing it on the front page. But the matter quickly dies down. How does the black economy work? What is the hawala system? Why is this scandal being hushed up?
References:A list of archival resources used to research this episode can be found here:
- News clip about Rajiv Gandhi’s assasination: https://youtu.be/3QVODgQQfCs
- News clip of PV Narasimha Rao’s swearing in ceremony: https://youtu.be/yLuL1lhPwNM
- News clip of Ram Mandir chants : https://youtu.be/1QBK_FPYA9c
-
Excerpts of Devi Lal, Sharad Yadav, Ram Jethmalani and Vineet Narain from original Kalchakra report: https://www.youtube.com/watch?v=Da9rNEWy0wc&t=4s
-
Doordarshan News clip - https://www.youtube.com/watch?v=vT8BLJujVvU
-
Reporting from Kashmir - https://www.youtube.com/watch?v=vb34Ap2muJI&t=401s
-
Sucheta Dalal interview with Harshad Mehta scam 1992 - https://www.youtube.com/watch?v=gDWuKIhPPug&t=207s
Transcript: https://www.anildivanfoundation.org/episode1
Archive - https://documents.legalarchive.in/static/timeline/#Jain%20Hawala%20Case/AQU
Credits:
Host: Raghu Karnad
Guest: Arun Kumar, Sanjay Kapoor, Shantonu Sen, Vineet Narrain
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
Producer: Abbas Momin
Producer/Sound Editor: Joshua Thomas
Production Assistant: Sakshi Nair
Sound Design & Mix: Kartik Kulkarni
Graphic Designer: Sephin Alexander
Anil Divan was a senior advocate, constitutional expert and champion of public-spirited causes. With more than six decades at the bar, Divan was among India’s most respected legal minds. In Season 1 we will look at three of his most significant cases: the Jain Hawala PIL, the Cauvery River Water Dispute and the National Judicial Appointments Commission cases.
Transcript: https://www.anildivanfoundation.org/prologue
Credits:
Host: Raghu Karnad
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
Producer: Abbas Momin
Producer/Sound Editor: Joshua Thomas
Production Assistant: Sakshi Nair
Sound Design & Mix: Kartik Kulkarni
Graphic Designer: Sephin Alexander