Chief Justice of India DY Chandrachud on Tuesday remarked that once judges demit office whatever they say is just opinion and is not binding.
CJI Chandrachud’s statement came after former CJI Ranjan Gogoi said that the basic structure doctrine was debatable was flagged in the Supreme Court.
Earlier, Justice (retd) Gogoi, now a nominated member of the Rajya Sabha, while participating in a debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, said, "There is a book by (TR) Andhyarujina, the former solicitor general, on the Kesavananda Bharati case."
"Having read the book, my view is that the doctrine of the basic structure of the Constitution has a very debatable jurisprudential basis. I would not say anything more than this," he said, PTI mentioned in its report.
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The Apex Court in its landmark Kesavananda Bharati verdict of 1973, had propounded the basic structure doctrine of the Constitution and held that certain fundamental features such as democracy, secularism, federalism and rule of law cannot be amended by Parliament.
During the hearing on Tuesday, senior advocate Kapil Sibal, appearing for National Conference leader Mohd Akbar Lone who has challenged the abrogation of Article 370 of the Constitution which had accorded special status to erstwhile state of Jammu and Kashmir, referred to Justice Gogoi's statement made in the Upper House.
Kapil Sibal contended that the manner in which the Centre abrogated the special status of Jammu and Kashmir cannot be in any way justified "unless a new jurisprudence is brought so that they (Centre) can do whatever they like as long as they have a majority".
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He said, "now one of your esteemed colleagues has said that in fact basic structure theory is also doubtful".
