Society & Culture
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 question dominates the debate: Can Parliament amend the Constitution however it likes? The Supreme Court answers this question several times over before settling it once and for all in the Kesavananda Bharati case. The case goes on to form the bedrock of constitutional interpretation and later play a key role in the NJAC case. The outcome angers Prime Minister Indira Gandhi, who starts actively meddling in judicial appointments. Reference A list of archival resources used to research this episode can be found here. News clip of Modi’s swearing in - https://youtu.be/ipL4jLrEKUE News clip of parliament passing NJAC - https://youtu.be/7H3L0ZmhWjc News clip of Indira Gandhi winning 1967 election - https://www.youtube.com/watch?v=oKk4vKbf5Ak News clip of Indira Gandhi on campaign trail- https://www.youtube.com/watch?v=YfK3Bun13r4 News clip of President announcing Emergency- https://youtu.be/QnxXBivNRIM Atal Bihari Vajpayee’s victory rally speech- https://www.youtube.com/watch?v=nsJ_dRRvsBI Transcript: https://www.anildivanfoundation.org/episode6 Credits: Host: Raghu Karnad Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave Research Manager: Ramya Boddupalli Legal Researcher: Vipinn Mittaal Scriptwriter: Ramya Boddupalli Script editor: Bhavya Dore Fact checker: Vipinn Mittaal Advisors: Lawrence Liang, Ranvir Singh, Shyam Divan and Vivek Divan Head of Production: Shaun Fanthome Creative Director: Mae Mariyam Thomas Production Assistant: Sakshi Nair Sound Design & Mix: Kartik Kulkarni Sound Editor & Music Supervisor: Lakshman Parsuram Graphic Designer: Sephin Alexander