Bombay Lawyers Association Moves Supreme Court To Disqualify Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium

Bombay Lawyers Association has approached the Supreme Court challenging High Court's order dismissing its PIL against Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges.

The Special Leave Petition states that the two public functionaries have disqualified themselves to hold the constitutional post by showing "lack of faith" in the Constitution by attacking its institution, i.e., the Supreme Court, and showing scant regard for the law laid down by it.

Before the High Court, ASG Anil Singh had submitted that VP Jagdeep Dhankhar and the Law Minister's statements have never "undermined the authority of the judiciary and its independence will always remain untouched and promoted and they respect the ideals of the Constitution."

The Association claims that that the two launched a "frontal attack" on the top judicial institution in the most derogatory language, without any recourse available under the constitutional scheme to change the status quo as per law.

This kind of unbecoming behaviour by persons holding constitutional posts is lowering the majesty of the Supreme Court in the eye of public at large and is exciting dissatisfaction, the Association claims adding that they have committed "criminal contempt".

"Respondent no. 1 and 2 have violated the oath that they took at the time of assuming their respective offices, and, therefore, they have forfeited their right to continue in that office, by disrespecting this Hon’ble Court and Constitution of India," the plea states.

While dismissing the challenge, the Bombay High Court had said that credibility of the Supreme Court of India is "sky-high" and it cannot be eroded or impinged by the statements of individuals. It had also said that "fair criticism" is permissible and that the VP and the Law Minister cannot be removed in the manner as suggested by the Association.

Case Title: Bombay Lawyers Association v. Jagdeep Dhankar & ors.