The making of a ‘world-class’ city

The Longest Constitution with Priya Mirza

#Society #Politics #News #Government #Podcasting Education #IVM

27:52

We made it— 300 episodes of This Is Woman’s Work ! And we’re marking this milestone by giving you something that could seriously change the game in your business or career: the skill of pitching yourself effectively. Whether you’re dreaming of being a podcast guest, landing a speaking gig, signing a client, or just asking for what you want with confidence—you’re already pitching yourself, every day. But are you doing it well? In this milestone episode, Nicole breaks down exactly how to pitch yourself to be a podcast guest … and actually hear “yes.” With hundreds of pitches landing in her inbox each month, she shares what makes a guest stand out (or get deleted), the biggest mistakes people make, and why podcast guesting is still one of the most powerful ways to grow your reach, authority, and influence. In This Episode, We Cover: ✅ Why we all need to pitch ourselves—and how to do it without feeling gross ✅ The step-by-step process for landing guest spots on podcasts (and more) ✅ A breakdown of the 3 podcast levels: Practice, Peer, and A-List—and how to approach each ✅ The must-haves of a successful podcast pitch (including real examples) ✅ How to craft a pitch that gets read, gets remembered, and gets results Whether you’re new to pitching or want to level up your game, this episode gives you the exact strategy Nicole and her team use to land guest spots on dozens of podcasts every year. Because your voice deserves to be heard. And the world needs what only you can bring. 🎁 Get the FREE Podcast Pitch Checklist + Additional Information on your Practice Group, Peer Group, and A-List Group Strategies: https://nicolekalil.com/podcast 📥 Download The Podcast Pitch Checklist Here Related Podcast Episodes: Shameless and Strategic: How to Brag About Yourself with Tiffany Houser | 298 How To Write & Publish A Book with Michelle Savage | 279 How To Land Your TED Talk and Skyrocket Your Personal Brand with Ashley Stahl | 250 Share the Love: If you found this episode insightful, please share it with a friend, tag us on social media, and leave a review on your favorite podcast platform! 🔗 Subscribe & Review: Apple Podcasts | Spotify | Amazon Music…

3 years ago 10:11

MP3•एपिसोड होम

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:

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.

72 एपिसोडस

The Longest Constitution with Priya Mirza

The making of a ‘world-class’ city

The Longest Constitution with Priya Mirza

published 3 years ago

साझा करें

MP3•एपिसोड होम

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:

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.

Follow the show across platforms:

Spotify, Google Podcasts, Apple Podcasts, Gaana, JioSaavan, Amazon Music

See omnystudio.com/listener for privacy information.

72 एपिसोडस

#Society #Politics #News #Government #Podcasting Education #IVM

Усі епізоди

The Longest Constitution with Priya Mirza

1
Maneka Gandhi’s Passport 10:01

2 years ago10:01

10:01

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 . Follow the show across platforms: Spotify , Google Podcasts , Apple Podcasts , Gaana , JioSaavan , Amazon Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The Constitutionality of Sedition 9:38

2 years ago9:38

9:38

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.…

The Longest Constitution with Priya Mirza

1
Freedom from Surveillance 10:18

2 years ago10:18

10:18

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.…

The Longest Constitution with Priya Mirza

1
Indira Gandhi and Privy Purses 9:52

2 years ago9:52

9:52

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 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.…

The Longest Constitution with Priya Mirza

1
The Freedom to Fly! 10:03

2 years ago10:03

10:03

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: 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.…

The Longest Constitution with Priya Mirza

1
A little more Goondagardi 10:22

2 years ago10:22

10:22

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.…

The Longest Constitution with Priya Mirza

1
Acting like a ‘Goonda’?: The Goondas Act 10:42

2 years ago10:42

10:42

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.…

The Longest Constitution with Priya Mirza

1
Who appoints Supreme Court judges? 10:04

2 years ago10:04

10:04

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: Spotify , Google Podcasts , Apple Podcasts , Gaana , JioSaavan , Amazon Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Kashmir Internet Shutdown 10:12

3 years ago10:12

10:12

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: 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.…

The Longest Constitution with Priya Mirza

1
The Fundamental Right to Property 10:19

3 years ago10:19

10:19

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 Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Twitter and Online Speech 9:58

3 years ago9:58

9:58

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 Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
A Rs. 1 fine for Contempt of Court 9:55

3 years ago9:55

9:55

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: Spotify , Google Podcasts , Apple Podcasts , Gaana , JioSaavan , Amazon Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The making of a ‘world-class’ city 10:11

3 years ago10:11

10:11

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: 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.…

The Longest Constitution with Priya Mirza

1
Scandalising the Court 9:59

3 years ago9:59

9:59

"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: 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.…

The Longest Constitution with Priya Mirza

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What is a Nuisance? 9:55

3 years ago9:55

9:55

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 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.…

The Longest Constitution with Priya Mirza

1
Shilpa Shetty and Privacy Jurisprudence 9:44

3 years ago9:44

9:44

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: 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.…

The Longest Constitution with Priya Mirza

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Khushwant Singh vs. Menaka Gandhi 10:05

3 years ago10:05

10:05

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 . Follow the show across platforms: Spotify , Google Podcasts , Apple Podcasts , Gaana , JioSaavan , Amazon Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

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Independence Day Special! 10:02

3 years ago10:02

10:02

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 . Follow the show across platforms: Spotify , Google Podcasts , Apple Podcasts , Gaana , JioSaavan , Amazon Music See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Privacy in the Indian Constitution 10:17

3 years ago10:17

10:17

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.…

The Longest Constitution with Priya Mirza

1
Phoolan Devi and Privacy 10:21

3 years ago10:21

10:21

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), T he 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.…

The Longest Constitution with Priya Mirza

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The Taj Mahal 10:36

3 years ago10:36

10:36

What comes first? Monuments or people’s jobs? In this episode of The Longest Constitution , we take a look at yet another MC Mehta petition (there were several!) and how the PIL went from being a tool for the poor to an unaccountable weapon wielded by the Supreme Court. We also look at a case where a serial killer petitioned for his right to privacy and consent when it came to his autobiography being published. The case raised the question of whether a ‘public figure’ can file for defamation? And lastly, we look into electoral bonds and their unconstitutional nature, more deeply. 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), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. On the Taj Mahal and environmental litigation: Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13. On Auto Shankar and defamation: https://globalfreedomofexpression.columbia.edu/cases/r-rajagopal-v-state-of-t-n/ https://www.thehindu.com/news/cities/chennai//article60429828.ece https://www.thehindu.com/news/national/infosys-slaps-defamation-notice-on-three-newspapers/article6098717.ece Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 8. 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 show 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 See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

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Electoral Bonds 10:54

3 years ago10:54

10:54

It's our 50th episode! And we are looking at a thoroughly unconstitutional affair: electoral bonds! This episode of The Longest Constitution looks into how in the name of transparency, the BJP government introduced unaccountable crores into Indian elections. We also look at other sinister matters, such as 69A of the IT Act which allows the government to block public access to an intermediary. Finally, we continue with our slow and steady study of the PIL and how it led to the Supreme Court turning into an order-passing institution, rather than following its constitutional mandate of interpreting the Constitution. On electoral bonds: https://carnegieendowment.org/2019/11/25/electoral-bonds-safeguards-of-indian-democracy-are-crumbling-pub-80428 https://www.hindustantimes.com/india-news/power-to-the-rich-india-needs-to-talk-about-money-in-politics/story-fIX0iZ32V7bzkMlZIP6xlK.html https://www.huffpost.com/archive/in/entry/electoral-bonds-delhi-elections-rti_in_5e44eafcc5b62b85f82eac4d On 69A, IT Act, 2000 https://indianexpress.com/article/cities/delhi/dowry-calculator-satirical-website-block-delhi-high-court-centre-7921354/ https://internetfreedom.in/delhi-hc-issues-notice-to-the-government-for-blocking-satirical-dowry-calculator-website/ https://theprint.in/theprint-essential/all-about-section-69a-of-it-act-under-which-twitter-had-withheld-several-posts-accounts/597367/ On PIL and environmental litigation 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 show 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 See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The Ambani’s and Defamation 11:01

3 years ago11:01

11:01

Have you read T he Polyester Prince: The Rise of Dhirubhai Ambani ? Chances are, not! While pirated copies may be in circulation, this episode of The Longest Constitution looks at the Ambani's filed an injunction against the book’s publishers. This is not unusual. Private and powerful corporations and individuals have used the clause of defamation, both under Article 19(2) of the Constitution of India, as well as the Indian Penal Code (IPC) to obstruct the publication of a book of public interest, with success. We also look at how much a candidate can spend in an election campaign and the laws related to that. Plus, we examine the growth of the PIL in the 1980s looking at a very pertinent case: air pollution in New Delhi. Reading material: 1. On the Ambanis and the injunction against The Polyester Prince : https://www.rediff.com/money/2000/jul/26dalal.htm https://theprint.in/features/remembering-dhirubhai-ambani-the-polyester-prince-who-made-himself-king-of-india-inc/169949/ Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 8. 2. On PIL’s and air pollution: 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. 3. On campaign finance laws: https://indiankanoon.org/doc/680015/ Sondhi, Aditya, “Elections”, in Choudhry, Sujit (et al), T he 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 show and other incredible 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 http://www.ivmpodcasts.com/ See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
NOTA and Freedom of Expression 10:37

3 years ago10:37

10:37

Considering the number of candidates contesting in elections who have pending criminal cases against them, what if one does not actually want to vote for any of them? This episode looks at the litigation which led the Supreme Court to introduce the option of NOTA - None of the Above in EVMs (electronic voting machines). We also look at the Delhi oleum gas disaster, which was eerily similar to the Bhopal gas tragedy but we note the differences in the litigation and outcome. And finally, we look at how television is also regulated by arbitrary and vague codes which allow prohibition in its transmission. Listen to the previous episode here: The Longest Constitution Reading material: Delhi oleum case: Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 15. https://indiankanoon.org/doc/1486949/ Freedom of expression and TV: Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India, New Delhi: Viking. Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. Chapter 7. https://indiankanoon.org/doc/889663/ The NOTA case: Sondhi, Aditya, ‘Elections’, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution , OUP: New Delhi. https://globalfreedomofexpression.columbia.edu/cases/peoples-union-civil-liberties-v-india/ https://main.sci.gov.in/pdf/SupremeCourtReport/2013_v12_pii.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 show and other incredible 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 http://www.ivmpodcasts.com/ See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Freedom from Internet Censorship 10:05

3 years ago10:05

10:05

Can you be arrested for a Facebook post? What are the laws which govern freedom of expression on the Internet? This episode of The Longest Constitution looks at 66A of the Information Technology Act, 2000, and this provision allowed the arbitrary arrest and prosecution of several writers, artists, and generally, regular people! With this episode, we also wrap up the Bhopal Gas Tragedy and conclude how more than an American company, it was the Indian government that let the victims of the Bhopal gas tragedy down. And lastly, we look at how freedom to expression also includes the right to receive information. Freedom of expression: https://indianexpress.com/article/explained/explained-the-shreya-singhal-case-that-struck-down-section-66a-of-it-act-7408366/ https://indianexpress.com/article/india/india-others/sec-66a-21-individuals-who-changed-the-system-2325682/ Bhopal gas tragedy: https://www.thehindu.com/opinion/op-ed/A-traffic-accident-in-Bhopal/article13582174.ece https://www.india-seminar.com/semframe.html Divan, Shyam and Armin Rosencraz, (ed) (2001), Environmental law and policy in India, New Delhi: OUP. Chapter 13. The right to receive information: https://globalfreedomofexpression.columbia.edu/cases/peoples-union-of-civil-liberties-pucl-v-union-of-india/ https://www.thehindu.com/elections/lok-sabha-2019/43-newly-elected-lok-sabha-mps-have-criminal-record-adr/article27253649.ece https://globalfreedomofexpression.columbia.edu/cases/union-india-uoi-v-respondent-association-democratic-reforms-another-peoples-union-civil-liberties-pucl-another-v-union-india-uoi-another/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Sholay and The Censor Board 9:28

3 years ago9:28

9:28

Why is Indian cinema regulated by the Censor Board? And what are the archaic mores that regulate it? In this episode of The Longest Constitution we look at how the Censor Board sensibilities shaped the iconic film, Sholay and delve into the concept of parens patriae. We also continue tracking the journey of the Bhopal gas tragedy and the peculiar argument advanced by the Indian government that the USA would be better ground to try the case because of its more sophisticated tort law . And finally, we look at how Article 21 has expanded to reexamine substantive provisions of law. On the Censor Board: https://indianexpress.com/article/opinion/columns/a-sholay-we-dont-know/ Liang, Lawrence, 2016, “Free Speech and Expression”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India , New Delhi: Viking. On the Bhopal gas tragedy: https://www.thehindu.com/opinion/op-ed/A-traffic-accident-in-Bhopal/article13582174.ece https://www.business-humanrights.org/en/latest-news/union-carbidedow-lawsuit-re-bhopal/#:~:text=In%201989%20the%20Indian%20Supreme,Bhopal%20victims%20and%20their%20survivors . https://www.india-seminar.com/semframe.html On due process, Article 21 and the Sunil Batra case: Chandrachud, Abhibav, (2016), “Due Process”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. https://indiankanoon.org/doc/162242/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Bhopal Gas Tragedy & Employer's Responsibility 10:25

3 years ago10:25

10:25

It took the world’s worst industrial disaster, the gas leak on 3rd December 1984 Bhopal, for India to wake up to the fact that we did not have the laws to protect people from transnational criminal negligence. This is the first installment of the a three-part account of what followed the tragedy. We also look at the expansion of Article 21 in the famous Menaka Gandhi passport case as well as why we have a film Censor Board. On the Bhopal gas tragedy: https://www.downtoearth.org.in/coverage/environment/30-years-of-bhopal-gas-tragedy-a-continuing-disaster-47634 Chouhan, T R (ed) (2004), Bhopal: The Inside Story, Apex Press: New Delhi. 3, On the right to fly: Mirza, Priya, (2021, ‘Lessons from India’s Long Journey to gaining the right to fly’, https://caravanmagazine.in/history/lessons-from-indias-long-journey-to-gain-the-right-to-fly 4. On due process: CHandrachud, Abhibav, (2016), “Due Process”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

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The First Amendment 10:07

3 years ago10:07

10:07

Finally, we are here. Sixteen months after completing the draft of the Constitution of India, the same bunch of people amended three fundamental rights: Articles 15, 19, and 31. This episode, though, focuses on the litigation and changes to Article 19. We also continue with tracking the journey of freedom of expression as well as the birth of the PIL in India’s constitutional jurisprudence. What happens when the state determines the price and the number of pages of newspapers? Tune in and find out! Reading material: On the first amendment: Menon, Nivedita (2004), “Citizenship and the Passive Revolution: Interpreting the First Amendment”, Economic and Political Weekly, 39(18 ), 1812-1819. Singh, Tripurdaman (2021), Sixteen Stormy Days: The Story of the First Amendment of the Constitution of India , New Delhi: Penguin. Liang, Lawrence, 2016, “Free Speech and Expression”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India , New Delhi: Viking. https://indiankanoon.org/doc/243002/ On PIL: Divan, Shyam, (2016),” Public Interest Litigation”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. https://indiankanoon.org/doc/243002/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The Limits to Free Speech 10:33

3 years ago10:33

10:33

What led to the momentous and radical first amendment to the Constitution of India? This episode looks at another case, which compelled our first democratically elected government to reconsider the extent of the Freedom of Expression under Article 19(1)(a). We also wrap up our exploration of the Niyamgiri conflict by looking at the events which led to India’s first environmental referendum. Plus, a few alarming bits about how the President of India is elected! Reading material: On free speech: https://indiankanoon.org/doc/1187435/ Chandrachud, Abhinav, 2017, Republic of Rhetoric: Free Speech and the Constitution of India , New Delhi: Viking. On the Niyamgiri conflict: Padel, Felix and Samarendra Das, 2011, Out of this Earth: East India Adivasis and the Aluminum Cartel , New Delhi: Orient Black Swan. https://www.downtoearth.org.in/coverage/dongrias-decide-41620 On the President of India: https://indiankanoon.org/doc/334417/ Dam, Shubhankar, 2016, “Executive” in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The Journey of Free Speech 9:59

3 years ago9:59

9:59

What's the big deal about an oath? A lot. And especially when it is to do with the people entrusted with the highest political offices under the Constitution of India. This episode of The Longest Constitution looks at a case that clarified the hugely important role of the President of India: upholding the Indian constitution. Apart from that, we carry on with two other journeys we are making: the story of the Dongria Kondhs and their battle against Vedanta, the mining corporation under the PESA Act. And the contested journey of free speech in India. On free speech: https://indiankanoon.org/doc/43023/ Bhatia, Gautam, 2016, Offend, Shock, or Disturb: Free Speech under the Indian Constitution, New Delhi: OUP. On the Niyamgiri conflict: https://climate-diplomacy.org/case-studies/mining-conflict-niyamgiri-hills-india Padel, Felix, 2009, Sacrificing People: Invasions of a Tribal Landscape , New Delhi: Orient BlackSwan. On the President of India: https://indiankanoon.org/doc/648662/ Dam, Shubhankar, 2016, “Executive” in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
No Country for the Adivasis 9:47

3 years ago9:47

9:47

What happens when a million-dollar mining corporation eyes a pristine ecological space protected by constitutional safeguards? Plenty of corruption for sure! This episode unravels the conflict over bauxite in the Niyamgiri hills, Orissa, and looks at the contest between private commercial and constitutional interests. Plus, starting with this episode, The Longest Constitution embarks on a mini-history of free speech in independent India, beginning with the first constitutional challenge on free speech, the Romesh Thapar case, 1950. On Romesh Thapar: https://www.india-seminar.com/2017/697/697_arudra_burra.htm https://globalfreedomofexpression.columbia.edu/cases/thappar-v-madras/#:~:text=Case%20Analysis,-Case%20Summary%20and&text=Romesh%20Thappar%20filed%20a%20petition,public%20safety%E2%80%9D%20was%20too%20broad . On the Niyamgiri conflict: https://www.newyorker.com/culture/photo-booth/the-diverging-paths-of-two-young-women-foretell-the-fate-of-a-tribe-in-india https://www.survivalinternational.org/tribes/dongria On parliamentary privileges: Madhavan, MR, (2016), “Legislature: composition, qualifications, and disqualification”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Forced to Vote? 10:16

3 years ago10:16

10:16

Can you be forced to vote? The Gujarat legislative assembly passed such a bill making it compulsory for voters in the municipality and panchayat elections to vote. Find out in this episode, what happened next. On a constitutional note though, the law raises questions about the process of voting as a fundamental right. What is it? An obligation? Or a right? Apart from this, in this episode of The Longest Constitution, we carry on looking at the constitutional rights of the tribals guaranteed under Schedule V of the Constitution of India, as well as the journey of freedom of press. On Gujarat: https://www.firstpost.com/india/gujarat-becomes-first-indian-state-make-voting-compulsory-local-body-polls-2366682.html https://www.thehindu.com/news/national/other-states/gujarat-hc-stays-compulsary-voting/article7565684.ece On parliamentary privileges: https://scroll.in/article/948304/when-legislators-demanded-high-court-judges-be-arrested-this-1964-case-was-once-a-national-landmark https://indiankanoon.org/doc/638013/ On tribal land rights https://indiankanoon.org/doc/1969682/ https://sprf.in/wp-content/uploads/2021/01/Mining-and-Tribal-Land-Rights.pdf https://www.mmpindia.in/wp-content/uploads/2020/10/community-resource-guide.pdf If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
MPs and Office of Profit 10:54

3 years ago10:54

10:54

On what grounds can a MP be disqualified? Quite a few! In this episode of The Longest Constitution , we look into constitutional provisions on an MP or MLA’s accountability. The Jaya Bachchan case relates to the first ground of disqualification from the government office listed under Article 102 - and that is, office of profit. Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government. We also look at whether a legislator’s privileges can be a ground to restrict a citizen’s fundamental right to expression guaranteed under Article 19 of the Constitution of India? And finally, we examine peculiar qualifications - from the number of children one has to defecate in the open - attached as qualifications to contest in panchayat elections - in quite a few states. Reading material: On office of profit and the Jaya Bachchan case https://thewire.in/law/the-curious-case-of-no-profit-in-office-of-profit Madhavan, MR, (2016), “Legislature: composition, qualifications, and disqualification”, in Choudhry, Sujit (et al), T he Oxford Handbook of the Indian Constitution , OUP: New Delhi. Qualifications to be a local representative https://lexforti.com/legal-news/persons-having-more-than-two-children-disqualified-as-candidates-in-panchayat-election/ https://economictimes.indiatimes.com/news/economy/policy/sc-upholds-two-child-norm-for-haryana-sarpanchs/articleshow/102650.cms?from=mdr On freedom of expression https://globalfreedomofexpression.columbia.edu/cases/m-s-m-sharma-v-krishna-sinha/ https://indiankanoon.org/doc/1898063/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Freedom of Speech vs Legislative Privileges 9:55

3 years ago9:55

9:55

Can the speaker of a legislative assembly issue an arrest warrant? Apparently yes! And it did happen. A few times at least. In this episode of The Longest Constitution , we explore the excesses of parliamentary privileges and the unsavory consequences they can have. We also look at the start of constitutionally defined local bodies, with the passage of the 73rd and 74th amendments to the Constitution of India, which aims at the devolution of power through the creation of the Panchayati Raj System and local representative bodies. And finally, we take a look at the inbuilt sexism in the POSH, 2013 which penalizes a woman for filing a false complaint. Reading material: On legislative privileges: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3096691 On the POSH Act: https://poshatwork.com/delhi-high-court-imposes-a-rs-50000-fine-for-filing-a-false-sexual-harassment-complaint/ https://indiankanoon.org/doc/98792027/ Local governance in India: https://prsindia.org/theprsblog/examining-urban-local-governance-in-india-through-the-case-of-bengalurua https://www.orfonline.org/research/the-unfinished-business-of-decentralised-urban-governance-in-india-61201/ https://www.thehindu.com/news/national/Haryana-law-on-minimum-qualification-for-panchayat-polls-valid-says-Supreme-Court/article60274721.ece See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Equal Pay For Equal Work? 10:19

3 years ago10:19

10:19

Who are the Baiga people? And why were scheduled tribes like them granted protection in the Indian Constitution? This episode of The Longest Constitution travels around three distinct kinds of work: the work of an MP, the rights of tribals and their livelihood and the constitutional provision for equal pay for equal work. We look at the PVR Narsimha the dismaying judgment which acquitted members of parliament from accepting a bribe in parliament and look at the gradual displacement of scheduled tribes from their forests. On the Baiga people: https://indianculture.gov.in/ebooks/baiga-0 This is Our Homeland: A Collection of Essays on the Betrayal of Adivasi https://books.google.co.in/books?id=9T3zYvKVF98C&dq=Adivasi+Mahasabha+founder&pg=PA84&redir_esc=y#v=onepage&q&f=false On the bribery case https://indconlawphil.wordpress.com/2020/07/01/guest-post-reconsidering-p-v-narasimha-rao-v-state-bribery-parliamentary-votes-and-parliamentary-immunity/ https://indiankanoon.org/doc/45852197/ On Randhir Singh and equal pay for equal work: https://indconlawphil.wordpress.com/2017/04/09/equal-pay-for-equal-work-statute-and-constitution/ https://indiankanoon.org/doc/1230349/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

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India Fighting Casteism: Ambedkar Jayanti Special 10:57

3 years ago10:57

10:57

B.R. Ambedkar. The man who did more than draft the Constitution of India. This special episode of The Longest Constitution looks at the pervasive and insidious nature of the caste system, and how millions of Indians struggle against its dehumanizing ways and fight for equality, across the world. We also look at how the right to convert, a fundamental right enshrined in the Indian Constitution has been watered down by the judiciary’s interpretation of our religious freedoms. And there’s a little bit about cricket too. On cricket: https://www.smh.com.au/world/asia/why-no-dalit-cricketers-in-india-20180531-p4zim6.html https://indianexpress.com/article/opinion/columns/reservation-vinod-kambli-dalits-varun-grover-6501257/ https://www.firstpost.com/india/indian-crickets-refusal-to-acknowledge-caste-privilege-cannot-mask-reality-of-its-pervasiveness-8986071.html https://indianexpress.com/article/sports/cricket/south-africa-cricket-quota-debate-in-black-and-white-6208846/ On untouchability in India https://www.ncaer.org/news_details.php?nID=91 https://socy.umd.edu/sites/socy.umd.edu/files/pubs/Thorat%20and%20Joshi%202019_The%20Continuning%20Practice%20of%20Untouchability%20in%20India.pdf On Indians and caste in the USA: https://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind https://www.thequint.com/us-nri-news/why-making-caste-a-protected-category-in-the-us-is-a-necessity#read-more https://thewire.in/caste/cisco-caste-discrimination-silicon-valley-dalit-prejudice If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Cow Slaughter and Livelihood? 10:42

3 years ago10:42

10:42

What does the fundamental right to livelihood and profession amount to? This episode of The Longest Constitution looks at the delicate balance between the moral obligations of the state and the fundamental rights of its citizens, in this case - a group of butchers, cow slaughter, and the question of livelihood. We also look at the wide definition of ‘work’ and the purpose of the Fifth Schedule in protecting the rights of the Scheduled Tribes and ponder upon the idea of a ‘workspace’. If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram:( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. On butchers: De, Rohit (2018) A People's Constitution: The Everyday Life of Law in the Indian Republic , Princeton: Princeton University Press. https://indiankanoon.org/doc/93885/ https://www.egyankosh.ac.in/bitstream/123456789/42058/1/Unit-2.pdf On Nisha Priya Bhatia: https://www.scconline.com/blog/post/2020/04/25/centre-to-pay-rs-1-lakh-compensation-for-improper-handling-of-sexual-harassment-allegation-by-former-raw-agent-nisha-priya-bhatia/ https://indconlawphil.wordpress.com/2020/05/18/guest-post-nisha-priya-bhatia-vs-union-of-india-redefining-the-scope-of-sexual-harassment/ On Scheduled Tribes: Guha, Ramachandra (2013) Savaging the Civilized: Verrier Elwin, his tribals and India, New Delhi: Penguin. Sundar, Nandini (2016) The Scheduled Tribes and Their India Politics, Identities, Policies, and Work , New Delhi: Oxford University Press See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

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Regulating Your 'Spirit': Alcohol and Intoxicants 10:56

3 years ago10:56

10:56

What brought Gandhians and Muslims together in the Constituent Assembly? Prohibition! Really, why does our otherwise liberal Constitution have a provision on prohibition? And on what grounds can the state regulate the private consumption of alcohol? This episode of The Longest Constitution takes a look at the state’s regulation of the trade, sale, and consumption of Liquor and Bhaang. We also look at the colonial roots of such regulations and round it up with a look at a case of sexual harassment at the workplace. Reading material: On prohibition: De, Rohit, 2018, A People's Constitution: The Everyday Life of Law in the Indian Republic, Princeton University Press. https://lawtimesjournal.in/state-of-bombay-and-ors-vs-f-n-balsara/#_ftn2 https://indiankanoon.org/doc/1258563/ On sexual harassment at the workplace: https://www.newslaundry.com/2018/11/03/metoo-my-journey-for-justice-and-the-cost-of-due-process On kendu leaves: https://indiankanoon.org/doc/1258563/ https://www.downtoearth.org.in/news/forests/kendu-leaves-29-odisha-villages-win-complete-autonomy-but-still-a-long-way-to-go-78269 If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
A Woman on a Harley-Davidson 10:11

3 years ago10:11

10:11

What makes men hysterical? The women’s reservation bill! This episode of The Longest Constitution examines why women aren't in Parliament, and how that would help. We also look at the issue of livelihood, which is often determined by everyone but those who lose their livelihood. We look at eggs, surrogacy and orchestra performers - maybe in that order! Randall, Vicky, “Legislative Gender Quotas and Indian Exceptionalism: The Travails of the Women's Reservation Bill”, Comparative Politics Vol. 39, No. 1, pp. 63-82. Menon, Nivedita, “Elusive 'Woman': Feminism and Women's Reservation Bill” Economic and Political Weekly , 35, 43/44, 2000 Bhatia, Gautam, “Direct and Indirect Discrimination: Conceptual Slippages in the Orchestra Bars Case”, https://indconlawphil.wordpress.com/2022/02/22/direct-and-indirect-discrimination-conceptual-slippages-in-the-orchestra-bars-case/ https://www.tribuneindia.com/1998/98jul14/head.htm Legal reading material: On eggs: https://indiankanoon.org/doc/447905/ On surrogacy: The Surrogacy (Regulation) Act, 2021, https://egazette.nic.in/WriteReadData/2021/232118.pdf If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
The 'Immunity' of Parliament Members 12:51

3 years ago12:51

12:51

Can you use pepper spray on your colleague and get away with it? No. But apparently, a Member of Parliament can…and did! This season is about work and this episode of The Longest Constitution Podcast looks at the Members of Parliament (MPs), how much they work, and how much Parliament members get paid for that. Plus, we look at how women’s labor is either invisible or regulated. We discuss the tensions over commercial surrogacy in India and what’s the problem with the glorification of motherhood. From pregnancy as a ground to deny promotion to MP's salaries, from FIRs to parliamentary immunities - this episode packs in a lot! Reading material: Rajagopal case: https://economictimes.indiatimes.com/news/politics-and-nation/andhra-mps-bring-pepper-spray-knife-to-parliament-disrupt-house-over-telangana-issue/articleshow/30359880.cms?from=mdr https://indconlawphil.wordpress.com/2015/09/21/the-delhi-high-court-on-pregnancy-and-sex-discrimination/ Pregnancy as a ground for non-promotion: https://indiankanoon.org/doc/170287517/ https://www.thehindu.com/news/national//article60376346.ece https://prsindia.org/billtrack/the-salary-allowances-and-pension-of-members-of-parliament-amendment-ordinance-2020 https://indiankanoon.org/doc/170287517/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Women Vs Men: A Women's Day Special 9:47

3 years ago9:47

9:47

Throughout history, the biggest fights have been over the one thing which truly matters: property rights. In this Women’s Day Special we have a short look at the long history of how laws and the Indian Constituion on the property are biased against women, and how women have challenged these for their ownership rights. We start with how Mary Roy, Arundhati Roy’s mother took on an outdated succession law for the Syrian Christian community in India. And we broadly look at how religious personal laws create legal islands for men and women but that these affect women more adversely strippling away their rights, freedom and equality. The march to equality is on…tune in! **Reading material:** Agnes, Flavia, 2011, Family Law Volume 1: Family Laws and Constitutional Claims, New Delhi: OUP. Menon, Nivedita, 2012, Seeing like a feminist, New Delhi: Penguin. https://www.indiatoday.in/magazine/nation/story/20101108-kerala-sister-mary-gets-her-land-744618-2010-10-30 **Case laws:** https://indiankanoon.org/doc/1651663/ https://indiankanoon.org/doc/1684706/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Javed Akhtar and The Copyright Law 10:46

3 years ago10:46

10:46

What do the Urdu lyricist Javed Akhtar and his speech in the parliament have to do with the Bombay Prevention of Begging Act, 1959? Nothing, really! But on what grounds can a poet or writer claim ownership over her work. And why have beggars, surrogates, and sex workers been criminalized for decades, being denied the right to sing and dance in public spaces? This episode of The Longest Constitution examines, through the lens of The Copyright Law, the kind of work which is ‘visible’ and that which is ‘invisible’ and the overwhelming burden of invisible work on women. **Reading material: ** Reddy, Prashant, T. and Sumathi Chandrashekaran, 2017, “Akhtar Rescripts Copyright Law” in, Create, Copy, Disrupt: : India's Intellectual Property Dilemmas, OUP: New Delhi. Kotiswaran, Prabha, 2021, “An Ode to Altruism: How Indian Courts Value Unpaid Domestic Work”, EPW, Vol. 56, Issue No. 36. Ghosh, Jayati, 2013, “Women's Work in India in the Early 21st Century”. Available at: http://www. sundarayya.org/sites/default/files/papers/jayati. pdf Bhatia, Gautam, 2018, ‘Something of freedom is yet to come: The significance of the Delhi High Court’s decriminalization of beggary; Available at: https://indconlawphil.wordpress.com/2018/08/10/something-of-freedom-is-yet-to-come-the-significance-of-the-delhi-high-courts-decriminalisation-of-beggary/ If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
What is the Worth of Your Labour? 10:26

3 years ago10:26

10:26

What is the measure of a person’s labour? And why is creativity valued more than physical labour? This episode of The Longest Constitution wades into intellectual property rights and the sexual reproductive autonomy of women, to examine the making of the Copyright Act, 1957 and the beginnings of the commercial surrogacy industry in the early 2000s. We also look at how women’s domestic labour, invisible and unrecognized, was finally evaluated following pleas for compensation following accidents and deaths in road accidents, under the Motor Vehicles Act, 1988. Reading material: Reddy, Prashant, T. and Sumathi Chandrashekaran, 2017, Create, Copy, Disrupt: : India's Intellectual Property Dilemmas, OUP: New Delhi. Kotiswaran, Prabha, 2021, “An Ode to Altruism: How Indian Courts Value Unpaid Domestic Work”, EPW, Vol. 56, Issue No. 36. https://timesofindia.indiatimes.com/india/baby-manjis-case-throws-up-need-for-law-on-surrogacy/articleshow/3400842.cms If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
A Woman's Right to Abortion? 10:26

3 years ago10:26

10:26

Who has the right to abortion of a foetus and who does not? And how is that related to rights and even promotion at the workplace? This episode of The Longest Constitution looks at women’s right to their bodies, over making choices about pregnancy, contraception, and motherhood. We look at how Article 21 of the Indian Constitution has been expanded to include reproductive sexual autonomy. And delve into the Medical Termination of Pregnancy Act, 1971 which regulates abortion in India, all about? Finally, what happens if a disability is not recognised by Rights of Persons with Disabilities Act, 2016? Reading material: https://feminisminindia.com/2019/07/30/why-reproductive-rights-must-be-taken-more-seriously-in-india/ Chandra, Aparna, 2019, Securing Reproductive Justice in India: A Casebook, Center for Reproductive Rights & Centre for Constitutional Law, Policy and Governance. https://indconlawphil.wordpress.com/2021/02/23/vikash-kumar-v-upsc-an-important-judgment-on-disability-and-reasonable-accommodation/ https://reproductiverights.org/sites/default/files/documents/Reproductive-Rights-In-Indian-Courts.pdf If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza") You can follow Priya on social media: Instagram: ( https://www.instagram.com/thelongestconstitution_/ ) Twitter: ( fundamentallyp ) Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ ) You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app. See omnystudio.com/listener for privacy information.…

The Longest Constitution with Priya Mirza

1
Pregnancy and Disability at Workplace 10:00

3 years ago10:00