Thread by @gautambhatia88

I deeply appreciate the detail with which Justice Tuyot is taking us through his analysis, but this is shredding the nerves. #BBIJudgment

I think Justice Tuyot is accepting the doctrine of primary constituent power and the basic structure.

Yes, he has!

Now he's going into what constitutes the basic structure.

Justice Tuyot says that the basic structure is anchored in Article 255(1), and so a judicial enquiry into what it contains will not be "rudderless".

That's two Indian SC judgments quoted already.

Justice Tuyot is done. Now for six more judgments.

Well that's a very disappointing second judgment.

2 - 1 to the Basic Structure!

This is like a football match, I'm dying.

Oh wait.

This third judgment is sounding like a ... Justice HR Khanna 7 - 6 tiebreaker.

cc: @itihaasnaama

Someone in the comments section:

"Kizungu mingi. Just give us the verdict"

I feel this.

Okay but I love Justice Gatembu Kairu.

Comments section:

"supreme court we are coming"

Lunch break. And there are still four judgments to go!

Second half starting. Judgment finely poised at 2-1.

Justice Kiage is having the time of his life.

Justice Kiage says that some of the arguments had the air of the "surreal" around it, and left him wondering whether we have "facts" and "alternative facts."

"The Constitution was not a product of immaculate conception."

Too much.

"The Constitution is laden with normative fecundity..."

Imperial Presidency shout-out!

3 - 1 to the basic structure! Absolutely crucial strike by Kiage J midway through the second half.

"The volcanic outbursts of the primary Constituent power..."

"A fire in the thistle field..."

"... unleashed the wrath of Prime Minister Indira Gandhi."

Waow Kiage J is going into the judicial supersessions of the Indian 1970s!

From the comments section:

"🤣🤣 5.6 K people did you all took leave from work place or you're jobless like me"

Kiage J just said he's read Kesavananda Bharati in full.

Remember how in college we used to have pull-five-all-nighters-and-read-Kesavananda-Bharati-this-trimester challenge...

"it doesn't matter if you carve Caesar as a dish fit for the gods or hew his carcass as a feast for hounds, the wounds are mortal nonetheless."

That escalated very quickly.

Daniel Musinga CJ must be wondering if he'll get any time to speak, or if he'll just have to summarise the directions.

I KNEW the story of the President's dog biting his neighbour's child would come back in.

From the comments section:

"​Ouuru and Joshua Ponoko should be given Afghanistan 🇦🇫 Citizenship right away and they go and explain to Talibans what BBI means,if they come to an agreement they become President and Prime Minister"

Lovely doff of the hat from Kiage J to the young lawyers who argued the case.

Heavily qualified, heavily caveated, but that's 4-1 to the basic structure!

Each of the five judges has seen right through the subterfuge that the President can initiate a popular initiative by magically turning himself into an "ordinary citizen". Great stuff.

Another lovely gesture, as the judge thanks her law clerks.

Also, seems now there is a clear majority on three of the crucial issues - basic structure, separate referendum questions, and that the President cannot initiate a popular initiative.

BBI pulls one back in the last five minutes to 4-2, but looks like it's too little, too late.

And finally now, here's Daniel Musinga CJ!

Musinga CJ agrees with Kiage J. 5-2 to the basic structure!

The absolute clarity Musinga CJ brings to everything.

Slightly confused about Musinga CJ's final views on the issue of omnibus bills.

Aaaah there's a disposition!

So that's 7-0 that the President can't initiate an amendment by popular initiative; 6-1 on most of the IEBC and procedural violations; 5-2 on the basic structure; 4-3 on altering the basic structure requiring a replication of the framing conditions; & 3-4 on referendum questions.

Whew.

Very classy from the govt lawyers there at the end.

-end thread-