NEW DELHI: Chief Justice of India D Y Chandrachud on Tuesday brushed aside senior advocate Kapil Sibal's bid to raise the remarks made by former CJI Ranjan Gogoi in Rajya Sabha on basic structure doctrine, saying once judges demit office, their views are just opinions, not binding facts.
During the debate of a Bill on control of bureaucrats in Delhi, Justice Gogoi, a nominated Rajya Sabha member, on Tuesday said the basic structure of the Constitution has a "debatable jurisprudential basis".
In Kesavananda Bharti case (1973), the Supreme Court's Constitution bench laid down basic structure doctrine which are beyond the amending power Parliament. Over the years, features like supremacy of the Constitution, unity and sovereignty of India, democratic and republican form of government, federal and secular character of the Constitution, separation of power,
individual freedom, rule of law, judicial review etc are considered as basic structure of the Constitution.
Sibal highlighted the statement by Justice Gogoi before a five-judge Constitution bench led by CJI Chandrachud.
He was arguing on validity of decision of dilution of Article 370 of the Constitution.
Sibal said, one of your esteemed colleagues has said that in fact, basic structure theory is also doubtful.
Sibal was appearing for National Conference leader Mohd Akbar Lone, one of the petitioners who has challenged the abrogation of Article 370.
In response, CJI Chandrachud said, "Mr Sibal, when you refer to a colleague, you have to refer to a sitting colleague".
"Once we cease to be judges, they (retired judges' views) are opinions, not binding facts, he said.
On this, Solicitor General Tushar Mehta, for the Centre, referred to freedom of speech and expression and said that Parliament does not discuss what goes on during court proceedings.
Sibal said "of course, absolutely".
Former CJI Gogoi Monday said the doctrine is on very debatable jurisprudential basis, as in his maiden intervention, he attacked the invocation of the basic structure doctrine by the Opposition on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
Justice Gogoi spoke in favour of the NCT Bill brought by the BJP government to replace the Ordinance meant to outwit the apex court verdict.
The Basic Structure is construed as the essential features of the Constitution which the Parliament cannot alter.
