‘Just opinions’: Chief Justice on Ranjan Gogoi's Constitution's basic structure remark
Former CJI Gogoi said the basic structure doctrine has ‘debatable’ basis of law.
Current Chief Justice of India (CJI) DY Chandrachud, in a response to former CJI Ranjan Gogoi's remark on the basic structure doctrine, said on Tuesday that once judges demit office, whatever they say is ‘just opinion’.
Citing the landmark Kesavananda Bharati case of 1973, the former CJI, who is now a nominated member of Rajya Sabha, expressed his views and said the doctrine of basic structure of the Indian Constitution ‘has a very debatable jurisprudential basis’. He was participating in a the debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, otherwise known as Delhi Services Bill, which was tabled in the Upper House on Tuesday for passage.
The apex court was hearing the matter on the abrogation of Article 370 when senior advocate Kapil Sibal, representing the petitioner, referred to former CJI's statement and quoted him as saying that the basic structure theory is ‘doubtful’.
Responding to the argument, CJI Chandrachud said whatever ex-judges say after completing their stint in the judiciary are ‘just opinions and are not binding’. Notably, the CJI has been backing the theory of basic structure time and again, calling it a ‘North Star’ for those who interpret and implement the Constitutional values.
"The basic structure of our Constitution, like the North Star, guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted," he told earlier at during a lecture in Mumbai.
Apart from Gogoi, Vice President and Rajya Sabha Chairman Jagdeep Dhankhar said he doesn't subscribe to the idea of the basic structure doctrine. He called it a ‘wrong precedent’ that started in 1973.
What is the basic structure doctrine?
In the 1973 Kesavananda Bharati vs state of Kerala case, the basic structure or basic features concept was formulised and eventually accepted by every government branch and Indian citizen.
According to this doctrine, the constituent power of the Parliament under Article 368 (which talks about amending the Constitution) will not be enforced to alter the ‘basic structure’ of the Constitution, to ensure check-and-balance is maintained between the legislature, executive and judiciary.
This means while introducing a Bill to amend the Constitution, the Parliament cannot abridge the Fundamental Rights as they are the basic structure of the Constitution.
(With PTI inputs)
