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.
Transcript: https://www.anildivanfoundation.org/episode6
Credits:
Host: Raghu Karnad
Guests: Abhinav Chandrachud, Alok Prasanna Kumar, Dushyant Dave
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Legal Researcher: Vipinn Mittaal
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