“Basic structure doctrine has debatable jurisdictional basis: Former CJI Ranjan Gogoi in Parliament, CJI Chandrachud comments on it”, Verdictum, August 8, 2023:
“On Monday, former Chief Justice of India Ranjan Gogoi delivered his maiden speech in Parliament regarding the proposed GNCTD Amendment Bill of 2023. During his speech, he commented on the basic structure doctrine, stating, “The doctrine of basic structure has a very debatable, jurisdictional basis”.
Today, during the hearing of the batch of cases against abrogation of Article 370, the comment was highlighted by Senior Advocate Kapil Sibal. “As it is, now one of your esteemed colleagues has said, if fact, basic structure theory is also doubtful,” Sibal said.
“If you refer to a colleague, you have to refer to a sitting colleague. Once we cease to be judges, they are opinions, not binding diktats,” CJI Chandrachud replied smiling….”
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