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...

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...

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...

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...

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...

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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...