60 episodes

What did those three hundred individuals who drafted the Indian Constitution want India to be? How far or close are we to achieving that radical vision of liberty, equality, and freedom shown by BR Ambedkar? These ideas sound great but what does it really mean to us, what is a constitution and how does it affect us as we go about living our lives? The Longest Constitution podcast is about the people of India and their Constitution. And achieving the constitutional vision of freedom, equality, and dignity, doesn't come without a fight. This show is not about just leaders and prime ministers, but husbands and wives, feminists and forest dwellers, dissidents, and lawyers. And it is up to us Indians to fight, debate, argue, and achieve these visions. Every week, The Longest Constitution, gives a small peek into what the ideals, provisions, and laws of our constitution mean. From taxes to language, Government to workplace, reservations to religious freedom, host Priya Mirza looks at the machinery of the Indian constitution, public rights, and ‘we the people'.

The Longest Constitution with Priya Mirza IVM Podcasts

    • Education

What did those three hundred individuals who drafted the Indian Constitution want India to be? How far or close are we to achieving that radical vision of liberty, equality, and freedom shown by BR Ambedkar? These ideas sound great but what does it really mean to us, what is a constitution and how does it affect us as we go about living our lives? The Longest Constitution podcast is about the people of India and their Constitution. And achieving the constitutional vision of freedom, equality, and dignity, doesn't come without a fight. This show is not about just leaders and prime ministers, but husbands and wives, feminists and forest dwellers, dissidents, and lawyers. And it is up to us Indians to fight, debate, argue, and achieve these visions. Every week, The Longest Constitution, gives a small peek into what the ideals, provisions, and laws of our constitution mean. From taxes to language, Government to workplace, reservations to religious freedom, host Priya Mirza looks at the machinery of the Indian constitution, public rights, and ‘we the people'.

    The making of a ‘world-class’ city

    The making of a ‘world-class’ city

    How does one make a world-class city? By image management! And dislocating the poor. Between 1995 and the Commonwealth Games held in New Delhi in 2010, the PIL went from being used for the poor, to against the poor. The building of malls and flyovers were prioritized over core municipal concerns: sanitation, health and education. How did this happen? By the judiciary turning into the executive and issuing orders. This episode of The Longest Constitution looks at slum eviction as well as how contempt of court has widened progressively over the years, severely crippling the freedom of expression.
    On Sahara and contempt of court:
    Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 9.
    https://www.businesstoday.in/magazine/book/story/book-review-sahara-the-untold-story-42920-2013-12-05
    https://indiankanoon.org/doc/158887669/
    Slum eviction:
    https://indiankanoon.org/doc/842898/
    Ghertner, Ashner, T., 2015, Rule by Aesthetics: World-Class CIty Making in Delhi (Oxford University Press).
    Bhuwania, Anuj, 2016, Courting the People: Public Interest Litigation in Post-Emergency India, (New Delhi: Cambridge University Press).
    Judicial independence:
    Sengupta, Arghya and Ritwika Sharma, 2018, Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence (Delhi: OUP)
    Krishna, Justice B. N (retd.) 2016, “Judicial Independence”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
    https://thewire.in/law/aadhaar-verdict-money-bill-rajya-sabha
    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 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.
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    • 10 min
    Scandalising the Court

    Scandalising the Court

    "Let’s send a woman to jail for a day for speaking her mind?"
    That’s what the Supreme Court did when Arundhati Roy protested against the court’s verdict on constructing the Narmada Dam.
    So can the courts enforce silence? Unfortunately, yes. While in the USA and the UK, freedom of speech is prized above concerns of lowering the dignity of the court, in India, the courts have broadened the grounds under which a person can be criminally prosecuted on the charge of ‘contempt of court’.
    We also look at the shift in the interpretation of slum dwellers' right to life and livelihood, which paved the way for the greatest slum demolition drive in New Delhi.
    As well as the invention of the ‘collegium’ by the Supreme Court in 1993.
    The Slum Demolition Drive in New Delhi
    Ghertner, Ashner, T., 2015, Rule by Aesthetics: World-Class CIty Making in Delhi (Oxford University Press).
    Bhuwania, Anuj, 2016, Courting the People: Public Interest Litigation in Post-Emergency India, (New Delhi: Cambridge University Press).
    https://globalfreedomofexpression.columbia.edu/cases/re-arundhati-roy/
    On judicial independence:
    Sengupta, Arghya and Ritwika Sharma, 2018, Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence (Delhi: OUP)
    Krishna, Justice B. N (retd.) 2016, “Judicial Independence”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
    On Aadhar
    https://thewire.in/law/aadhaar-verdict-money-bill-rajya-sabha
    On Contempt of Court
    https://indiankanoon.org/doc/339109/
    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 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.
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    • 9 min
    What is a Nuisance?

    What is a Nuisance?

    Who is responsible for people shitting and urinating in public? This question shaped the fate of millions of slum dwellers in the capital, New Delhi. This episode of The Longest Constitution looks at how nuisance laws were interpreted until the 1990s as actions and objects, not people themselves. The absence of public infrastructures, such as housing and sanitation was seen as a governance failure, not a responsibility of slum dwellers. We also look at ‘contempt of court’ as one of the reasonable restrictions under Article 19(2) and what makes it unreasonable. As well as the constitutional balance between the judiciary and parliament. Tune in!
    On slum dwellers in New Delhi
    Ghertner, Ashner, T., 2015, Rule by Aesthetics: World-Class CIty Making in Delhi (Oxford University Press)
    Bhuwania, Anuj, 2016, Courting the People: Public Interest Litigation in Post-Emergency India, (New Delhi: Cambridge University Press).
    https://www.casemine.com/judgement/in/56090b3de4b01497111742d7
    On judicial independence:
    Sengupta, Arghya and Ritwika Sharma, 2018, Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence (Delhi: OUP)
    Krishna, Justice B. N (retd.) 2016, “Judicial Independence”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
    Contempt of Court
    Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 9.
    https://indiankanoon.org/doc/371149/
    https://www.hrw.org/sites/default/files/report_pdf/india0516.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 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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    • 9 min
    Shilpa Shetty and Privacy Jurisprudence

    Shilpa Shetty and Privacy Jurisprudence

    Other than you, who can talk about your sex life? A right to privacy means determining the boundaries about what can be spoken about, and what cannot be spoken about. In this episode of The Longest Constitution, we progress with our examination of the evolution of privacy rights and look at a case concerning the actress Shilpa Shetty and her private life. We also look at a ‘reasonable’ restriction’ on our fundamental right to the expression: contempt of court. Finally, a little bit about what makes the Aadhar card a violation of our rights.
    On privacy:
    Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 8.
    https://indiankanoon.org/doc/1222884/
    On contempt of court and the Delhi sealing case:
    Roy, Arundhati, ‘Scandal in the Palace’, Available at: https://www.countercurrents.org/roy250907.htm
    Bhuwania, Anuj, 2016, Courting the People: Public Interest Litigation in Post-Emergency India, (New Delhi: Cambridge University Press).
    https://www.livemint.com/Politics/KCYobHBh0bp2ODK2IiVFYK/MidDay-staff-held-guilty-of-contempt.html
    On judicial independence:
    Sengupta, Arghya and Ritwika Sharma, (2018), Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence (Delhi: OUP)
    Krishna, Justice B. N (retd.) (2016), “Judicial Independence”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
    https://indiankanoon.org/doc/1294854/
    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 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:
    Spotify, Google Podcasts, Apple Podcasts, Gaana, JioSaavan, Amazon Music

    • 9 min
    Khushwant Singh vs. Menaka Gandhi

    Khushwant Singh vs. Menaka Gandhi

    What is the balance between privacy rights and freedom of expression? As we mark the progress of privacy rights, we examine an important case which vacated an injunction against the publication of a book, holding the freedom of expression to be greater than that of privacy and observing that questions of defamation can be settled by trial. We also look at why the UIDAI did not consider serious questions of a data leak or how citizens' biometric data is shared. Finally, we look at the darkest dimension of the Delhi sealing case: the profit made by YK Sabharwal’s sons.
    Reading material:
    On free speech and privacy:
    Bhatia, Gautam, ‘Death by a thousand cuts: freedom of speech injunctions and the Ramdev Affair’, https://indconlawphil.wordpress.com/2018/08/07/death-by-a-thousand-cuts-freedom-of-speech-injunctions-and-the-ramdev-affair/#:~:text=In%20Khushwant%20Singh%20v%20Maneka,that%20dealt%20with%20the%20Gandhis.
    Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP)
    https://indiankanoon.org/doc/1203848/
    On the Delhi sealing case:
    Roy, Arundhati, ‘Scandal in the Palace’ https://www.countercurrents.org/roy250907.htm
    Bhuwania, Anuj, 2016, Courting the People: Public Interest Litigation in Post-Emergency India, (New Delhi: Cambridge University Press).
    On judicial independence:
    Sengupta, Arghya and Ritwika Sharma, (2018), Appointment of Judges to the Supreme Court of India: Transparency, Accountability and Independence (Delhi: OUP)
    https://indiankanoon.org/doc/1302865/
    On UIDAI:
    Khera, Reetika, (2019), Dissent on Aadhaar: Big Data meets Big Brother, (New Delhi: Orient Blackswan)
    Nilekeni, Nandan and Viral Shah (2015), Rebooting India: Realising a Billion Aspirations, (New Delhi: Penguin)
    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 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:
    Spotify, Google Podcasts, Apple Podcasts, Gaana, JioSaavan, Amazon Music

    • 10 min
    Independence Day Special!

    Independence Day Special!

    This 75th Independence Day is Amrit alright! But there is plenty of vish slushing around in this Amrit. In this special episode, we mark our independence by looking at the loss of our privacy with the insidious Aadhar card, which started without a statutory law. We also look at how the Supreme Court has transformed into an institution that has obstructed justice, rather than provided access to it, and took a good hard look at the role of the amicus curiae.
    On the AADHAR card and privacy:
    Parker, Ian (2011), “The I.D. Man” Available at: https://www.newyorker.com/magazine/2011/10/03/the-i-d-man
    Khera, Reetika, “The Different Ways in Which Aadhaar Infringes on Privacy”, Available at: https://thewire.in/government/privacy-aadhaar-supreme-court
    On the PIL:
    Bhuwania, Anuj, Courting the People: Public Interest Litigation in Post-Emergency India, Cambridge University Press: New Delhi, Chapter 2.
    On Amicus Curiae:
    Desai Ashok H. and S. Muralidhar, “Public Interest Litigation: Potential and Problems” in B.N. Kirpal et al. eds, Supreme but not Infallible – Essays in Honour of the Supreme Court of India (New Delhi: Oxford University Press, 2000). Available at: https://www.ielrc.org/content/a0003.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 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:
    Spotify, Google Podcasts, Apple Podcasts, Gaana, JioSaavan, Amazon Music

    • 9 min

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