'Once We Cease To Be Judges, Whatever We Say Are Opinions, They Aren’t Binding' : CJI DY Chandrachud On Ranjan Gogoi's ‘Basic Structure’ Comment

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".

Solicitor General of India Tushar Mehta interjected to say that the proceedings in the Parliament cannot be discussed before the Court. "Parliament doesn't discuss what goes on in courts", SG said.  "Mr Sibal is addressing this here since he wasn’t there in the Parliament yesterday. You should have responded in the Parliament", SG added (Sibal is a Rajya Sabha member as well).

Ranjan Gogoi, who was nominated as member of the Rajya Sabha in March 2020 after his retirement as the CJI in November 2019, made his maiden speech in the Rajya Sabha yesterday, to support the Government of National Capital Territory of Delhi (Amendment) Bill 2023, which seeks to dilute the powers of the elected government of Delhi over services.

During his speech, Gogoi said that the basic structure doctrine has a "doubtful jurisprudence".