Doctrine Of Basic Structure Of Constitution Has A "Very Debatable" Jurisprudential Basis: Ex-CJI Ranjan Gogoi

Former Chief Justice of India (CJI) Ranjan Gogoi, a nominated member in Rajya Sabha, said on Monday (7 August) that the basic structure of the Constitution has "a very debatable jurisprudential basis".

Gogoi said this during his maiden speech in the Upper House of the Parliament on Monday.

The former CJI participated in a discussion on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.

During the discussion on the Bill, Gogoi emphasised that while the law may not align with his personal preferences, it is not necessarily arbitrary.

He also mentioned a book by former Solicitor-General of India, Andhyarujina, on the Kesavananda Bharati case, which he had read.

“The law may not be to be my liking but that does not make it arbitrary. Does it violate the basic feature of the Constitution? I have to say something about the basic structure. There is a book by [former Solicitor-General of India] Andhyarujina on the Kesavananda Bharati case. Having read the book, my view is that the doctrine of the basic structure of the Constitution has a debatable, very debatable jurisprudential basis. I would not say anything more than this,” he said, reports The Hindu.

Gogoi became a member of the Rajya Sabha in 2020.

In response to this, K C Venugopal, a Congress general secretary and Rajya Sabha member, took to Twitter to question whether the government supported the former CJI's views.

“Is this the BJP’s trick to begin the full-fledged dismantling of the Constitution of India? Does it think that democracy, equality, secularism, federalism, judicial independence are all ‘debatable’ ideas? Not surprising that those who have no regard for constitutional principles are now propping up a former CJI with a ‘debatable’ track record to begin their attack on the Constitution through this very dangerous throwaway line,” Venugopal posted on X. 

“What is Mr. Gogoi’s argument? Is he saying that there is nothing called the basic structure that should be protected? Does the Government endorse this @arjunrammeghwal? They must categorically oppose this line of thought, or it will be clear that the BJP has now started a process to destroy the core tenets of our Constitution," he added.