Comments made in the Rajya Sabha by former Chief Justice of India Ranjan Gogoi, who expressed reservations on Monday about the correctness of the basic structure doctrine, found mention in Supreme Court on Tuesday, reports Bar and Bench.
The subject was referred to by Senior Advocate Kapil Sibal before a bench led by Chief Justice of India DY Chandrachud during the Constitution bench hearing of the Article 370 case. "As it is, now one of your esteemed colleagues (Gogoi) has said that the basic structure theory is also doubtful..," Sibal remarked.
CJI Chandrachud responded to Sibal's remarks
CJI Chandrachud responded by stating that opinions of retired judges are not binding diktats. "If you refer to a colleague, you have to refer to a sitting colleague. Once they cease to be judges, they are opinions, not binding diktats," Chief Justice Chandrachud responded. "I am surprised…of course, it is not binding," Sibal said, in turn.
Former CJI Gogoi opened the Pandora’s Box
Parliament does not discuss what happens in court and court does not do so…Everyone has freedom of speech and expression," Solicitor General Tushar Mehta chimed in. Former CJI Gogoi opened the Pandora’s Box while supporting the Delhi government services bill.
Addressing concerns that the bill violates the basic structure of the Constitution, Gogoi referred to a book by former Solicitor General of India TR Andhyarujina on the Kesavananda Bharati case to assert that the doctrine of basic structure has a very debatable jurisprudential basis.
Backdrop to the remarks was Article 370 hearing
The backdrop to the remarks was Article 370 hearing before a five-judge bench of the Supreme Court. One of the arguments by the petitioners in the case is that the abrogation of Article 370 violates federalism, which is considered to be part of the basic structure of the Constitution.
