CJI DY Chandrachud's Reply to Kapil Sibal On Ex-CJI Ranjan Gogoi's Basic Structure Comment

Former Chief Justice of India Ranjan Gogoi's recent comments expressing reservations about the basic structure doctrine garnered attention in the Supreme Court today. During the Constitution bench hearing of the Article 370 case, Senior Advocate Kapil Sibal referenced Gogoi's comments before Chief Justice of India DY Chandrachud.

Sibal stated, "As it is, now one of your esteemed colleagues (Gogoi) has said that the basic structure theory is also doubtful..."

In response, CJI Chandrachud emphasized that the opinions of retired judges are not binding dictates, stating, "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."

Former Chief Justice Ranjan Gogoi, now a nominated Rajya Sabha Member of Parliament, had expressed skepticism about the basic structure doctrine while discussing the Government of NCT of Delhi (Amendment) Bill, 2023. Gogoi referred to a book by former Solicitor General TR Andhyarujina on the Kesavananda Bharati case to assert the doctrine's debatable jurisprudential basis.

Justice Gogoi concluded by highlighting that Article 239AA was not under challenge in the Supreme Court. Thus, he asserted that the bill was valid.

The ongoing five-judge bench hearing the Article 370 case involves petitions contesting the Central government's decision to revoke Jammu and Kashmir's special status under Article 370. One argument presented is that the abrogation infringes upon the Constitution's basic structure of federalism.

Author: Anushka Taraniya

News Writer, MIT ADT University