The statement made by former Chief Justice of India Ranjan Gogoi in Rajya Sabha yesterday doubting the basic structure doctrine came up for discussion before the Supreme Court during the hearing of the Article 370 case.
Addressing a Constitution Bench, Senior Advocate Kapil Sibal, arguing for the petitioners, contended that the manner in which the Centre abrogated the special status of Jammu and Kashmir cannot be justified “unless a new jurisprudence comes to light that they can do whatever they like as long as they have majority”.
In this context, Sibal further said, “now one of your esteemed colleagues has said that in fact basic structure theory is also doubtful”.
Responding to Sibal, Chief Justice of India DY Chandrachud, after taking a moment’s pause, said, “Mr Sibal, when you refer to a colleague, you have to refer to a sitting colleague. Once we cease to be judges, whatever we say, they’re opinions, they are not binding”.