Former CJI’s Remark on Basic Structure Doctrine Sparks Debate, ‘holds no binding value’, says incumbent

New Delhi, August 9, 2023: The ongoing debate over the validity of the basic structure doctrine of the Indian Constitution intensified as former Chief Justice of India (CJI) Ranjan Gogoi’s remark met with a response from current CJI DY Chandrachud. On Tuesday, CJI Chandrachud asserted that the opinions expressed by former judges after their tenure hold no binding value.

The discourse stemmed from the landmark Kesavananda Bharati case of 1973, where former CJI Gogoi expressed his reservations about the basis of the doctrine. Participating in a debate on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, in the Rajya Sabha, Gogoi referred to the basic structure theory as “doubtful”.

Responding to this contention, CJI Chandrachud emphasized, “Whatever ex-judges say after completing their stint in the judiciary are just opinions and are not binding.” Chandrachud has consistently supported the basic structure theory, referring to it as a “North Star” guiding the interpretation and implementation of Constitutional values.

The basic structure doctrine, formulated in the 1973 Kesavananda Bharati vs. State of Kerala case, asserts that the Parliament’s power to amend the Constitution under Article 368 cannot be exercised to alter the “basic structure” of the Constitution. This ensures a balance between the legislative, executive, and judiciary branches of the government.

Former CJI Gogoi’s statement has triggered a wider discussion on the doctrine’s validity. Vice President and Rajya Sabha Chairman Jagdeep Dhankhar also expressed his dissent, calling the doctrine a “wrong precedent” initiated in 1973.

As the discourse continues, the essence of the basic structure doctrine remains at the forefront, upholding the significance of maintaining the fundamental principles and rights enshrined in the Indian Constitution.