New Delhi: A day after former Chief Justice of India (CJI) Ranjan Gogoi, a nominated Rajya Sabha member, said the basic structure of the Constitution has a "debatable jurisprudential basis", senior advocate Kapil Sibal told a five-judge constitution bench headed by CJI D Y Chandrachud that “one of your esteemed colleagues has said that in fact, basic structure theory is also doubtful”.
Sibal is representing Mohd. Akbar Lone, one of the petitioners who has challenged the abrogation of Article 370. Sibal submitted before the court that one of your esteemed colleagues has said that in fact, basic structure theory is also doubtful. The Basic Structure is the essential feature of the Constitution which the Parliament cannot alter.
Responding to Sibal, CJI Chandrachud said, Mr Sibal, when you refer to a colleague, you have to refer to a sitting colleague. The Chief Justice said, “Once we cease to be judges, they are opinions, not binding diktats….”. At this juncture, Solicitor General Tushar Mehta said that the Parliament does not discuss what goes on during court proceedings. Mehta pointed at the freedom of expression. Sibal said of course, absolutely.
Attacking the invocation of the basic structure doctrine by the Opposition on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, former CJI Gogoi Monday said the doctrine is on a very debatable jurisprudential basis. Gogoi spoke in favour of the NCT Bill brought by the BJP government to replace the ordinance meant to undo the apex court verdict.
