Friend of the Court

Anil Divan Foundation
  • 4.9 (39)
  • DOCUMENTARY
  • UPDATED WEEKLY
Friend of the Court

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.

  1. 25 SEPT

    S02E08 - Friend of the Court Season 2: Making of

    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

    44 min

  2. 17/12/2023

    S02E07 - Reckoning

    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

    37 min

  3. 12/12/2023

    S02E06 - The darkest hour

    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

    36 min

  4. 10/12/2023

    S02E05 - 7:6

    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

    45 min

  5. 06/12/2023

    S02E04 - No limitations

    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

    42 min

  6. 04/12/2023

    S02E03 - "Amend does not mean destroy"

    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

    40 min

  7. 25/11/2023

    S02E02 - Gathering storm

    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/

    40 min

  8. 25/11/2023

    S02E01 - Jhame-law

    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

    46 min
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4.9
out of 5
39 Ratings

About

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.

Information

  • Creator
    Anil Divan Foundation
  • Years Active
    2022 - 2024
  • Episodes
    19
  • Rating
    Clean
  • Copyright
    © Anil Divan Foundation
  • Show Website
    Friend of the Court

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