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).
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