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Chief Justice Chandrachud Responds To Former CJI Gogoi On Basic Structure Doctrine
- The Chief Justice of India (CJI) DY Chandrachud has addressed former CJI Ranjan Gogoi's remarks regarding the basic structure doctrine, asserting that statements made by retired judges are mere opinions.
- Referring to the influential Kesavananda Bharati case of 1973, Gogoi, now a Rajya Sabha member, expressed his viewpoint, suggesting that the doctrine's foundation is debatable.
The present Chief Justice of India (CJI) DY Chandrachud responded to former CJI Ranjan Gogoi's statement about the basic structure doctrine by stating on Tuesday that once judges retire, their statements are merely their opinions.
Referring to the significant Kesavananda Bharati case of 1973, the former CJI, now a nominated member of the Rajya Sabha, shared his perspective, asserting that the doctrine of the basic structure of the Indian Constitution 'rests on a potentially disputable jurisprudential foundation'. This occurred during a discussion on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, commonly known as the Delhi Services Bill, which was presented in the Upper House for consideration on Tuesday.
During the Supreme Court's deliberation on the Article 370 abrogation matter, senior advocate Kapil Sibal, representing the petitioner, mentioned the former CJI's comment and quoted him as describing the basic structure theory as 'questionable'.
