A Rs. 1 fine for Contempt of Court

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).

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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). 

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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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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:

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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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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.pdf
• https://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.html

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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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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-fly

On 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/493257/2

On sedition: 

• Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).

You can follow Priya on social media:

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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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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

1. Burman, Anirudh, 2016, ‘Movement and Residence’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, (OUP: New Delhi).

2. https://www.landconflictwatch.org/

On Property

1. https://www.thehindu.com/news/cities/chennai/235-accused-detained-under-goondas-act-in-chennai-so-far-this-year/article35910480.ece

2. https://articles.manupatra.com/article-details/Blasphemy-Law-in-India-An-Overview

3. https://article-14.com/post/how-dalit-farmer-shyamlal-became-a-goonda-for-seeking-land-rights

4. https://www.thehindu.com/news/national/tamil-nadu/landowners-along-corridor-may-get-maximum-of-9-cr/article24235712.ece

On Section 295A:

1. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP).

You can follow Priya on social media:

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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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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

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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:

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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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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/

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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:

1. https://internetfreedom.in/5questions-to-ask-before-installing-an-app/

2. https://internetfreedom.in/intermediaries-rules-2021/

3. https://www.mondaq.com/india/social-media/1093222/safe-harbour-principle-and-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021

4. https://www.opindia.com/2021/08/sanjay-hegde-told-to-live-without-twitter-by-delhi-high-court/

On the fundamental right to property:

1. 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’:

1. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, (New Delhi: OUP). Chapter 3.

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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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