Friend of the Court Anil Divan Foundation

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 DELHI RR7717 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