After the nail-biting election results in India on June 4, 2024, with margins fluctuating dramatically, many contemplated the possibility of defections of elected politicians to other parties. Defections have become such a staple in Indian politics that social media was rife with memes about politicians being sequestered in resorts. Against this backdrop, this episode where Ninni Susan Thomas interviews MR Madhavan would offer some valuable insights. MR Madhavan is the co-founder and President of PRS Legislative Research. PRS was established to deliver high-quality, independent research to legislators, aiming to help them grasp the complexities of various issues and understand the impact of policies through data analysis. After exploring the history of the anti-defection law in India, the discussion in the episode moves to the repercussions of defection, the influence of the anti-defection law on parliamentary democracy, and its impact on legislative debates. The conversation also touches on the roles of the Speaker and the courts during defection crises, and Madhavan shares his perspectives on the future of the anti-defection law.

References:

1. Explanation of the Tenth Schedule of the Constitution: https://www.thehindu.com/news/national/understanding-the-tenth-schedule-explained/article67746169.ece
2. Effectiveness of the anti-defection law: https://timesofindia.indiatimes.com/blogs/voices/anti-defection-law-doesnt-work-at-crunch-time-it-needs-to-be-scrapped/
3. Anti-defection law in practice: https://prsindia.org/articles-by-prs-team/the-absurdity-of-the-anti-defection-law
4. Gaps in the anti-defection law: https://theleaflet.in/defects-writ-large-in-the-anti-defection-law/
5. Resort politics in India: https://www.bbc.com/news/world-asia-india-61905894
6. Summary of Nabam Rebia judgement : https://www.scobserver.in/reports/nabam-rebia-deputy-speaker-arunachal-pradesh-presidents-rule-judgment-in-plain-english/

CREDITS:

Host: Ninni Susan Thomas

This is a Maed in India production.

Producer: Sean D’mello

Sound Design & Mixing: Vijay Doiphode

Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas interviews Advocate Vikram Hedge, an Advocate-on-Record at the Supreme Court who practises at courts in Karnataka and Delhi, as well as in other High Courts and Tribunals. The conversation begins by shedding light on the lesser-known aspects of a lawyer's tasks, leading to discussions on common challenges faced by lawyers, litigants, and the public when accessing courts. Issues such as lack of adequate notice before hearings and the uncertainty surrounding court dates are explored. The importance of causelists in addressing these challenges is emphasised, along with suggestions on how they can be improved. Furthermore, the conversation delves into the necessity of listing rules to enhance transparency in the functioning of courts.

If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/

References:

1. On issues of listing at the Supreme Court: https://www.thehindu.com/news/national/on-the-listing-of-cases-in-the-supreme-court-explained/article67625314.ece
2. Need for listing practices in courts:: https://www.dakshindia.org/with-a-huge-backlog-of-cases-the-indian-judiciary-should-revisit-the-listing-practices-of-courts/
   
   

CREDITS:

Host: Ninni Susan Thomas

This is a Maed in India production.

Producer: Sean D’mello

Sound Design & Mixing: Vijay Doiphode

Project Supervisor: Shaun Fanthome

Our guest for this episode is Justice (retd.) S Muralidhar, former Chief Justice of the High Court of Orissa and former Judge of the Punjab and Haryana High Court and Delhi High Court. In this episode we're diving into a topic that's at the heart of India's legal framework: the rule of law. What ensures that you, me, and every individual we pass on the streets or meet in our workplaces are all bound by the same set of legal rules? That's the rule of law in action. It's the glue that holds our diverse society together, ensuring that justice isn't just a lofty ideal but a tangible reality for every citizen, regardless of their background or influence.

If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/

Rule of Law in India: A Quest for Reason, OUP India, 2018

Rule of law index https://worldjusticeproject.org/rule-of-law-index/

CREDITS:

Host: Leah Verghese

This is a Maed in India production.

Producer: Sean D’mello

Sound Design & Mixing: Lakshman Parsuram

Project Supervisor: Shaun Fanthome

In this episode, Ninni Susan Thomas speaks to Senior Advocate Raju Ramachandran, a former Additional Solicitor General and who has been involved in influential cases related to constitutional law at the Supreme Court for more than 3 decades. Some nuances about the Marriage Equality Case which was heard by the Supreme Court where the legal recognition of same-sex marriages in India was sought for and he represented one of the petitioners were discussed. Other topics of discussion included whether the Supreme Court was the right forum for this adjudication, the impact of the judgement on other constitutional and discrimination cases, the Supreme Court choosing not to decide on the notice provisions in the Special Marriage Act and his thoughts on the Supreme Court having asked for a decision on the issue to be made by a Committee to be constituted by the Union Government.

References:

1. Supriyo & Anr. v. Union of India, judgement in the Marriage Equality Case: https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf
2. Round-up of the hearings and constitutional issues: https://indconlawphil.wordpress.com/2023/11/22/the-supreme-courts-marriage-equality-judgment-round-up/
3. Delinking personal laws: https://www.scobserver.in/journal/adjudicating-marriage-equality-an-opportunity-lost-or-a-bullet-dodged/
4. Effect on fundamental rights: https://www.scobserver.in/journal/marriage-equality-judgement-overlooking-fundamental-rights-justice-bhat-on-marriage-equality/#:~:text=There%20were%20four%20opinions%20among,of%20LGBTQIA%2B%20persons%20to%20marry.
5. Effect on the queer community: https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1046&context=popular-media
6. Court not dealing with the notice provisions in Special Marriage Act: https://www.livelaw.in/top-stories/same-sex-marriage-supreme-court-special-marriage-act-provisions-notice-objections-228449

CREDITS:Host: Ninni Susan Thomas

This is a Maed in India production.

Producer: Sean D’mello

Sound Design & Mixing: Lakshman Parsuram

Project Supervisor: Shaun Fanthome

In this episode of the DAKSH Podcast, Leah Verghese spoke to Apurva Vishwanath about court reporting. The courts are forbidding institutions with complex procedures. Often regular citizens can access the courts only through what is reported through the media. In this episode, Apurva discussed how she became a legal journalist, the challenges with legal reporting in India and live tweeting.

If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/

MĀRGA – Media And its Role in Governance and Accountability https://www.dakshindia.org/marga/

Live tweeting from courts puts enormous burden on judges: CJI DY Chandrachud https://www.indiatoday.in/india/story/live-tweeting-from-courts-puts-enormous-burden-on-judges-cji-dy-chandrachud-2348442-2023-03-18

CREDITS:

Host: Leah Verghese

This is a Maed in India production.

Producer: Sean D’mello

Sound Design and Mixing: Vijay Doiphode

Project Supervisor: Shaun Fanthome

In this episode, the second in our series on elections, Leah Verghese discusses the Election Commission’s Model Code of Conduct. Learn about what role the Model Code of Conduct plays in the conduct of free and fair elections, the effectiveness of the code and the challenges it faces in an ever-evolving political landscape.

Editor’s note: This episode was recorded on the 2nd of April 2024, in the lead up to the general elections.

If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/

References

1. Expecting Model Code of Conduct to kick in, government departments speedrun project approvals https://economictimes.indiatimes.com/news/elections/lok-sabha/india/expecting-model-code-of-conduct-to-kick-in-government-departments-speedrun-project-approvals/articleshow/108538728.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
2. Lok Sabha elections 2019: ₹3000 crore haul by Election Commission, highest in Lok Sabha polls https://www.hindustantimes.com/lok-sabha-elections/lok-sabha-elections-2019-rs-3000-crore-haul-by-election-commission-highest-in-lok-sabha-polls/story-ugdYhuN5l2MNS2ppYRGWlI.html
3. Lok Sabha polls cancelled in Tamil Nadu's Vellore after massive cash haul https://www.indiatoday.in/elections/lok-sabha-2019/story/lok-sabha-polls-cancelled-in-vellore-after-massive-cash-haul-1503419-2019-04-16
4. Mamata Banerjee's appeal to Muslims violated model code of conduct, says Election Commission https://www.hindustantimes.com/elections/west-bengal-assembly-election/mamata-banerjee-s-appeal-to-muslims-violated-model-code-of-conduct-says-ec-101617803773352.html
5. Model Code of Conduct for the Guidance of Political Parties and Candidates https://tmp.eci.gov.in/mcc

CREDITS:

Host: Leah Verghese

This is a Maed in India production.

Producer: Sean D’mello

Sound Design & Mixing: Lakshman Parsuram

Project Supervisor: Shaun Fanthome

Research Assistance: Manushree Sarkar

In this episode, the first in our series on elections, Leah Verghese discusses the Election Commission, the institution that oversees the mammoth task of elections in the world’s largest democracy. Learn more about this significant public institution, its origin, evolution, and the important personalities who shaped its trajectory.If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/
References

• About Election Commission of India https://www.eci.gov.in/about-eci
• An Expert Explains: How EC evolved, what rules it follows in case of disagreement https://indianexpress.com/article/explained/an-expert-explains-how-election-commission-evolved-what-rules-it-follows-in-case-of-disagreement-5720029/
• Anoop Baranwal vs. Union of India WP (CIVIL) NO.104 OF 2015
• Appointment of CEC, EC | Supreme Court refuses to stay new law; issues notice for hearing in April https://www.thehindu.com/news/national/appointment-of-cec-ec-supreme-court-refuses-to-stay-new-law-issues-notice-for-hearing-in-april/article67733389.ece
• Manjari Katju, Election Commission and Changing Contours of Politics Economic and Political Weekly Vol. 44, No. 16 (Apr. 18 - 24, 2009)
• Manjari Katju, Election Commission and Functioning of Democracy Economic and Political Weekly , Apr. 29 - May 5, 2006, Vol. 41, No. 17 (Apr. 29 - May 5, 2006)
• R. P. Bhalla, Electoral Mechanism in India (1951-1971) The Indian Journal of Political Science Vol. 33, No. 1 (JAN-MAR, 1972)
• S.S. Dhanoa vs. Union of India (1991) 3 SCC 567
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term Of Office) Act, 2023

CREDITS:Host: Leah Verghese

This is a Maed in India production.

Producer: Sean D’mello

Sound Mixing: Lakshman Parsuram

Project Supervisor: Shaun Fanthome

Research Assistance: Manushree Sarkar

This episode is a collaboration with Grand Tamasha, an excellent podcast on the latest developments in Indian politics, economics, foreign policy, society, and culture. Milan Vaishnav, the host of Grand Tamasha, joins us for this bonus episode. On 15 February 2024, the Supreme Court, in a unanimous landmark verdict, struck down the controversial electoral bonds scheme. Given that general elections are just around the corner, Milan discussed how this judgment will impact the financing of political parties in the largest democracy in the world. If you like our podcast, do consider supporting us with a donation at the link below: https://www.dakshindia.org/donate/

• The DAKSH Podcast https://www.dakshindia.org/the-daksh-podcast/
• Ajoy Sinha Karpuram, Why did the Supreme Court strike down the Electoral Bonds Scheme? https://indianexpress.com/article/explained/explained-law/supreme-court-electoral-bonds-verdict-9163729/
• Arun Jaitley, Why Electoral Bonds are Necessary https://pib.gov.in/newsite/PrintRelease.aspx?relid=175452
• Association for Democratic Reforms & Anr. Writ Petition (C) No. 880 of 2017 https://main.sci.gov.in/supremecourt/2017/27935/27935_2017_1_1501_50573_Judgement_15-Feb-2024.pdf
• Part 1: Behind the BJP’s rise and rise, bonds, trusts and raids on corporates https://www.newslaundry.com/2024/02/20/behind-the-bjps-rise-and-rise-bonds-trusts-and-raids-on-corporates
• DAKSH Podcast, Crime and Politics (Milan Vaishnav) https:www.dakshindia.org/crime-and-politics/
• Milan Vaishnav, On electoral bonds, a short-lived celebration https://www.hindustantimes.com/opinion/on-electoral-bonds-a-short-lived-celebration-101708170676086.html
• Press Release: Introduction of the Scheme of Electoral Bond https://www.dea.gov.in/sites/default/files/Electoral%20Bonds_Press%20RELEASE_2-1-2018.pdf