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 gov ..read more

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 ..read more

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 ..read more

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/1894 ..read more

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 trac ..read more

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 avai ..read more

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 cons ..read more

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 ..read more

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 sh ..read more

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 b ..read more