Bölümler
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In the end, Maneka Gandhi did not in fact get her passport. But we end this year’s introspection into constitutional matters with a landmark case: Menaka Gandhi vs. Union of India, 1977. Gandhi’s passport was impounded in ‘public interest’. While this followed statutory regulations, that’s the Passport Act, 1967, the question was, did this conform to natural justice? The Longest Constitution examines what due process really means, as well as look at why 1971 was a year that set several things into motion, such as the passage of the Maintenance of Internal Security Act, 1971, a tool for the government during Emergency, as well as the year when Raj Narain filed a petition challenging Indira Gandhi’s election in the Allahabad High court.
Reading material:
On electoral malpractices and Emergency:
Bhushan, Prashant, 2017, The Case that Shook India: the verdict that led to the Emergency, New Delhi: Penguin Random House. Austin, Granville, 2003, Working a Democratic Constitution: The Indian Experience, (OUP: New Delhi).On preventive detention laws and MISA:
Singh, Ujjwal Kumar, 2007, The State, Democracy and Anti-Terror Laws in India, (New Delhi: Sage Publications).On Maneka Gandhi and due process:
Chandrachud, Abhinav, 2016, ‘Due Process’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP). Surendranath, Anup, 2016, ‘Life and Personal Liberty, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP).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/ )
Do follow IVM Podcasts on social media.
We are @IVMPodcasts on Facebook, Twitter, & Instagram.
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The fifth parliamentary elections of India in 1971, set into motion a series of events that shaped the nation and the constitution. While campaigning, political parties promised voters that the constitution would be amended, a clear indicator that the Supreme Court’s striking down of parliamentary laws, such as in the Bank Nationalisation case (1970) and the privy purse case (1970) was being seen as an obstacle to a better India. This episode of The Longest Constitution looks at the constitutional provisions for constitutional amendments. We also look at the fate of thousands of Indians since 1962, when the Supreme Court upheld the constitutionality of sedition. Finally, we look at the expansion of Article 21 - that's the right to personal liberty and life when a convict on a death sentence protested against being placed in solitary confinement.
Further reading:
On Sedition:
https://sedition.article-14.com/Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).On Article 21:
https://indiankanoon.org/doc/162242/Surendranath, Anup, 2016, ‘Life and Personal Liberty, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP).On the 1971 elections and constitutional amendments:
Austin, Granville, 2003, Working a Democratic Constitution: The Indian Experience, (OUP: New Delhi). Khosla, Madhav, 2016, ‘Constitutional Amendment’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP).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
See omnystudio.com/listener for privacy information.
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Eksik bölüm mü var?
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Article 21 of the Constitution guarantees every person the right to life or personal liberty. But what good is such a right if it means being under surveillance and subjected to domiciliary visits at night? This episode of The Longest Constitution looks at how courts interpreted Article 21. Just as a reminder: in the AK Gopalan case, the state upheld the preventive detention law under which Gopalan was detained. What happened though when Kharak Singh challenged the UP police laws which authorized his surveillance. We also continue in our investigations into the privy purse and what the Supreme Court decided in the matter.
On the privy purse:
Austin, Granville, 2003, Working a Democratic Constitution: The Indian Experience, (OUP: New Delhi).On sedition:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).On Kharak Singh and Article 21:
Surendranath, Anup, 2016, ‘Life and Personal Liberty, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP).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
See omnystudio.com/listener for privacy information.
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Does merely disapproving of the government amount to sedition? In Debi Soren vs State, 1950, the court thought so. What consequences did that have for free speech in India? Plus, in this episode of The Longest Constitution, we look at how the Indira Gandhi government tried every unconstitutional means to abolish the privy purses in 1970 (it was struck down by the Supreme Court anyway). Finally, we look at the famous case of preventive detention, AK Gopalan vs State of Madras (1950) and look at the long dark shadow it casts.
Reading material:
https://indiankanoon.org/doc/1894387/http://www.commonlii.org/in/journals/INJlConLaw/2007/2.pdfhttps://indiankanoon.org/doc/1857950/https://theleaflet.in/decoding-the-history-of-sedition-law-in-india/https://www.cam.ac.uk/files/a-tryst-with-destiny/index.htmlYou 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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See omnystudio.com/listener for privacy information.
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The fundamental right to movement under Article 19(1)(d) was carefully worded: (d) to move freely throughout the territory of India. But what about beyond the territory of India? For the first two decades of independent India, obtaining a passport meant being entirely at the mercy of the Ministry of External Affairs. But this changed in 1967. This episode of The Longest Constitution looks at the expansion of the freedom to movement, as well as the consequences of a majoritarian government driven by a socialist vision in the 1970s, under Indira Gandhi. And yes, we also begin our journey in tracing the history of sedition in India. Tune in!
Reading material:
On flying:
Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (New Delhi: OUP). https://indiankanoon.org/doc/1747577/https://caravanmagazine.in/history/lessons-from-indias-long-journey-to-gain-the-right-to-flyOn the privy purse and constitutional amendments:
Austin, Granville, 2003, Working a Democratic Constitution: A History of the Indian Experience, (New Delhi: OUP). http://archive.indianexpress.com/news/no-more-pocket-money/493257/2On sedition:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).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
See omnystudio.com/listener for privacy information.
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Land conflict is the most enduring form of conflict between the state and individuals. And it is here that the Goondas Act, in place in nine states, allows the state unquestionable and unaccountable power to squash dissent by detaining a person for up to a year. This episode of The Longest Constitution wraps up by looking at the Goondas Act, by discussing the increasing instances in which it is used. We also look at the famous Bank Nationalization case as well, which led to one of the sharpest confrontations between Parliament and the Supreme Court. Finally, we think about the legal tools available to those who feel ‘annoyed’ and ‘insulted’ on religious matters, and the illiberal consequences of Section 295A, IPC.
Further reading:
On the Goonda’s Act
Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
https://www.landconflictwatch.org/
On Property
https://www.thehindu.com/news/cities/chennai/235-accused-detained-under-goondas-act-in-chennai-so-far-this-year/article35910480.ece
https://articles.manupatra.com/article-details/Blasphemy-Law-in-India-An-Overview
https://article-14.com/post/how-dalit-farmer-shyamlal-became-a-goonda-for-seeking-land-rights
https://www.thehindu.com/news/national/tamil-nadu/landowners-along-corridor-may-get-maximum-of-9-cr/article24235712.ece
On Section 295A:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).
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
See omnystudio.com/listener for privacy information.
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Who is a goonda? And what’s the problem with the ‘goondas’ act - in place in many states in India? As we dig deeper into Article 19, we consider the fundamental right to movement. Article 19(1)(d) guarantees all citizens the right to move freely throughout the territory of India. And Article 19(1)(e) guarantees all citizens the right to reside and settle in any part of the territory of India. And yet, the goonda laws continue to give the local administration the power to extern people declared as ‘goondas’. This episode of The Longest Constitution looks at this act as well as examines the consequences of the Golaknath case (1967). We also look at India’s very own blasphemy law, Section 295A of the IPC, another example of a speech-prohibitive legal provision that shapes the freedom of expression.
On property:
Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
On goondas:
Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
https://www.outlookindia.com/website/story/goondagiri-of-the-goonda-act/291593
On Section 295A, IPC
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).
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
See omnystudio.com/listener for privacy information.
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What does the Supreme Court do when parliament tries to strike down the collegium system? It strikes it down! This episode of The Longest Constitution looks at the most recent effort of the government to control judicial appointments - the 99th amendment, 2014 and its aftermath. We also begin to unravel other dimensions of ‘public order’ by looking at penal clauses which allow clamping down on the freedom of expression, to ensure public order. Lastly, we look at a monumental case in the journey of the fundamental right to property: Golaknath vs. the state of Punjab, 1967.
On property:
Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
On public order:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).
On judicial appointments:
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).
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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See omnystudio.com/listener for privacy information.
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Is accessing the Internet a fundamental right? A recent judgment affirmed that since so many essential services depend on the internet, shutting down access to the internet is tantamount to a violation of fundamental rights. We look at a worrying trend in India: a frequent resort to doing precisely this. We also look at the qualification of ‘public purpose’ in the state acquiring property and how this was a contentious matter between the judiciary and parliament in the 1950s. And yes, how a freedom fighter continued to fight for freedom in independent India! Tune in!
On Kashmir and internet shutdowns
-https://scroll.in/latest/1011995/jammu-and-kashmir-93-internet-shutdown-orders-issued-after-sc-order-on-communication-restrictions
-https://www.bbc.com/news/world-asia-india-49234708
-https://indiankanoon.org/doc/82461587/
On ‘violent words’ and ‘public order’
-https://www.livemint.com/Sundayapp/UE9YldojhVlWnSI877F4FJ/Violent-words-free-speech-and-the-Indian-Constitution.html
-https://www.iaaw.hu-berlin.de/de/lohia
On the fundamental right to property
-Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
-https://indiankanoon.org/doc/1890860/
You can follow Priya on social media:
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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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If you use the internet (!), this is the episode you need to tune into!
But first….what does it actually mean? To have a fundamental right to property? This was a huge debate in the Constituent Assembly and Article 31 and 19(1)(g) granted Indian citizens the right to property. This meant that while Article 31 limited how the state could acquire existing property rights, Article 19(1)(g), protected the capacity of individuals to acquire a property as part of their occupation and livelihood. But how did this unravel once India became a republic? And what was the torturous history of Article 31 before it was finally abolished in 1978?
We also look at the Intermediary Rules, 2021 which severely affect our fundamental right to the freedom of expression and digital rights.
Tune in!
Digital rights:
https://internetfreedom.in/5questions-to-ask-before-installing-an-app/
https://internetfreedom.in/intermediaries-rules-2021/
https://www.mondaq.com/india/social-media/1093222/safe-harbour-principle-and-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021
https://www.opindia.com/2021/08/sanjay-hegde-told-to-live-without-twitter-by-delhi-high-court/
On the fundamental right to property:
Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
On ‘in the interests of public order’ as a ‘reasonable restriction’:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 3.
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 MusicSee omnystudio.com/listener for privacy information.
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Are private corporations such as Twitter obliged to uphold constitutional freedoms? And why should they? Who constitutes the ‘community’ in the ‘community standards’ used to regulate online speech? Welcome to the evolving jurisprudence on the balance between private firms, constitutional freedoms and the sovereignty of the state! We look at a 2020 case where Twitter arbitrarily suspended an account of a Supreme Court advocate. Plus, starting this week, we also start on a long trek on the short history of the fundamental rights to property, Article 31 and 19(1)(f) which were repealed in 1978.
Tune in!
On Digital Rights:
https://indianexpress.com/article/explained/india-it-rules-2021-amendments-social-media-explained-7958000/
https://internetfreedom.in/india-75-digital-rights-ka-amrit-mahotsav/
On the Fundamental Right to Property:
Wahi, Namrata, 2016, “Property”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).
On ‘in the interests of public order as a ‘reasonable restriction’:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 3.
https://globalfreedomofexpression.columbia.edu/cases/modi-v-uttar-pradesh/
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 MusicSee omnystudio.com/listener for privacy information.
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A series of tweets by Prashant Bhushan seriously threaten the ‘majesty of the courts’? Well, the courts clearly thought so and charged Bhushan with contempt of court. In a case that illustrates the excessive and arbitrary nature of contempt of court, this episode of The Longest Constitution looks at the 2020 case, where Bhushan was fined Rs. 1 for his tweets. We also wrap up the making of New Delhi in the early 2000s, as one with a greater priority of malls on land meant for forests.
On Contempt of Court:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 9.
https://thewire.in/law/prashant-bhushan-supreme-court-contempt-highlights
https://theprint.in/india/photos-of-justice-bobde-astride-a-hunky-harley-davidson-reveal-different-side-to-indias-cji/450849/
https://thewire.in/law/mouse-under-the-throne-the-judicial-legacy-of-sharad-a-bobde
https://www.scobserver.in/cases/in-re-prashant-bhushan-contempt-petition-against-prashant-bhushan-case-background/
On affordable housing and the right to livelihood:
https://www.hlrn.org.in/documents/Indian_Law_and_Policy.htm
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).
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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See omnystudio.com/listener for privacy information.
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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:
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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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"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:
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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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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
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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
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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:
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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.
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See omnystudio.com/listener for privacy information.
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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.
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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.
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Is the word ‘privacy’ in our Constitution? It isn't! Then how did we go from a point where it is not in our constitution to the Puttaswamy judgment (2017) when the Supreme Court unanimously recognised a fundamental right to privacy of every individual guaranteed by the Constitution, within Article 21 in particular and Part III on the whole. We are tracking Indian privacy jurisprudence in this episode of The Longest Constitution as well as looking at how the Supreme Court took on traders and shopkeepers in the MCD sealing case. Plus, a little bit about whether the right to vote is part of our fundamental rights or not.
On privacy:
https://www.scobserver.in/journal/right-to-privacy-court-in-review/#:~:text=Kharak%20Singh%20v%20State%20of%20Uttar%20Pradesh&text=Kharak%20Singh%20then%20challenged%20the,of%20life%20and%20personal%20liberty
https://indiankanoon.org/doc/1306519/
On the MCD sealing case:
Bhuwania, Anuj, Courting the People: Public Interest Litigation in Post-Emergency India, Cambridge University Press: New Delhi, Chapter 2.
On the voting case:
Sondhi, Aditya, ‘Elections’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi
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
See omnystudio.com/listener for privacy information.
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What is the ‘truth’ about ‘us’? Phoolan Devi discovered a movie allegedly based on the ‘truth’ about her, distorted her life completely. This episode of The Longest Constitution progresses in its journey of mapping the constitutional right to privacy. We look at the contest over truth, between Phoolan Devi and Shekhar Kapoor and observe how the Constitution is a living text, interpreted and expanded upon over time. On the question of PIL, we uncover the class conflict in the reshaping of Delhi in the 1990s and take a parting look at electoral bonds.
On Phoolan Devi and privacy:
Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 8.
http://arundhati-roy.blogspot.com/2004/11/great-indian-rape-trick-i.htmlhttps://thewire.in/politics/bjp-congress-electoral-bonds-2019-20-donations-political-parties
On electoral bonds:
https://www.huffpost.com/archive/in/entry/electoral-bonds-rti-arun-jaitley-law-ministry_in_5e2eccb1c5b6d6767fd8733f?utm_hp_ref=in-electoral-bonds
Sondhi, Aditya, “Elections”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.
On PIL’s reshaping New Delhi:
Baviskar, Amita, 2006, “Rethinking Indian Environmentalism Industrial Pollution in Delhi and Fisheries in Kerala, in (ed), Forging Environmentalism
Justice, Livelihood, and Contested Environments, New York: ME Sharpe.
Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13.
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
See omnystudio.com/listener for privacy information.
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