While most of India lauded the progressive verdict, and debated the future, an astrologer named Suresh Kumar Koushal successfully petitioned the Supreme Court to turn back the clock. He used a Special Leave Petition that allowed him to appeal the Delhi High Court decision in a higher court.

The courtroom atmosphere was very different this time around. The focus shifted from a discussion about fundamental rights to one about the wording of law. We look at its impact on three important articles: Article 14 (equality), Article 15 (non-discrimination) and Article 21 (liberty). And we also learn about a legal principle called de minimus and how it was used in the case.

This case brought to light one of the struggles of India’s Supreme Court: the conflict in its dual role as a constitutional court as well as the highest court of appeals.

Show Notes

All clips and voices used in this podcast are owned by the original creators.

The following guests appeared in this episode:

• Anjali Gopala
• Tarunabh Khaitan
• Vivek Divan
• Danish Sheikh, legal scholar and activist

References

• NDTV news clip about Ramchandra Siras being fired: https://www.youtube.com/watch?v=mMP_ACinZf4
• NDTV news clip about Siras’ death: https://www.youtube.com/watch?v=M_RYPBZhnwo
• NDTV interview with lawyer Tripti Tandon after the 2009 Delhi High Court ruling on Section 377: https://www.youtube.com/watch?v=M_RYPBZhnwo
• Aaj Tak interview with Suresh Kumar Koushal: https://www.youtube.com/watch?v=WQD3TcAsRCY
• Supreme Court of USA oral arguments in Bostock v. Clayton County: https://www.supremecourt.gov/oral_arguments/audio/2019/17-1618
• CNN news clip on US Supreme Court verdict in June 2020: https://www.youtube.com/watch?v=wxzRZmTXwPE
• Republic World interview with PP Malhotra: https://www.youtube.com/watch?v=yPz3qp0qp7U
• NDTV interview with Justice Singhvi: https://www.youtube.com/watch?v=vP5wLDGEe_o
• NDTV news clip with Arvind Narrain: https://www.youtube.com/watch?v=IKeuTIFySwk