’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha
1 year, 4 months ago

’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha

Live Mint  

After former CJI Ranjan Gogoi's commented that the basic structure doctrine was debatable, Chief Justice of India DY Chandrachud has remarked saying that that once judges demit office whatever they say is just opinion and is not binding. Here's what Ranjan Gogoi said in Rajya Sabha: Earlier on Monday, Justice Ranjan Gogoi, now a nominated member of the Rajya Sabha, while participating in a debate on the Government of National Capital Territory of Delhi Bill, 2023, said, "There is a book by Andhyarujina, the former solicitor general, on the Kesavananda Bharati case." Apart from the former CJI, Vice President and Rajya Sabha Chairman Jagdeep Dhankhar had also said had questioned the Kesavananda Bharati case verdict and said he does not subscribe to its conclusion that Parliament can amend the Constitution but not its basic structure. In 1973, in the Kesavananda Bharati case, the Supreme Court gave the idea of basic structure saying Parliament can amend the Constitution but not its basic structure.

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History of this topic

Basic Structure Doctrine Has Come To Stay Having Been Accepted By The Parliament Itself: Fali S Nariman
1 year ago

Basic Structure Doctrine Has Come To Stay Having Been Accepted By The Parliament Itself: Fali S Nariman

Live Law  

While delivering the inaugural address at the second Ashok Desai Memorial Lecture, renowned jurist and senior advocate Fali S Nariman spoke about the judicial interference vis-à-vis parliament's powers to amend the constitution. Talking about the basic structure doctrine, Nariman said, “Basic structure theory was the response of an anxious and activist Court to the. Talking about the basic structure doctrine, …

Indian Constitution Colonial Document, Collegium System Long Past Its Expiry Date: Arghya Sengupta
1 year, 2 months ago

Indian Constitution Colonial Document, Collegium System Long Past Its Expiry Date: Arghya Sengupta

News 18  

The Constitution is a colonial document where the state is all-powerful and India, which has an experience of 75 years of independence, has the confidence to decide what kind of constitution works best for the country, Arghya Sengupta, founder of Delhi-based think tank Vidhi said in an interview. Sengupta, a prominent voice on constitutional issues who has recently written “The …

‘Just opinions’: Chief Justice on Ranjan Gogoi's Constitution's basic structure remark
1 year, 4 months ago

‘Just opinions’: Chief Justice on Ranjan Gogoi's Constitution's basic structure remark

Hindustan Times  

Current Chief Justice of India DY Chandrachud, in a response to former CJI Ranjan Gogoi's remark on the basic structure doctrine, said on Tuesday that once judges demit office, whatever they say is ‘just opinion’. CJI Dhananjaya Y Chandrachud Citing the landmark Kesavananda Bharati case of 1973, the former CJI, who is now a nominated member of Rajya Sabha, expressed …

Ex-Judge’s Statements Are Opinions, Not Diktats: CJI Chandrachud on Ranjan Gogoi’s ‘Basic Structure’ Remark in Parl
1 year, 4 months ago

Ex-Judge’s Statements Are Opinions, Not Diktats: CJI Chandrachud on Ranjan Gogoi’s ‘Basic Structure’ Remark in Parl

News 18  

Amid the arguments before a constitution bench of the Supreme Court on Tuesday over pleas challenging abrogation of Article 370, senior advocate Kapil Sibal brought in a statement of former Chief Justice of India Ranjan Gogoi, which raised doubts on the basic structure doctrine. “One of your esteemed colleagues has said that in fact the basic structure theory is also …

Former CJI Ranjan Gogoi says basic structure of constitution debatable
1 year, 4 months ago

Former CJI Ranjan Gogoi says basic structure of constitution debatable

The Hindu  

Former Chief Justice of India Ranjan Gogoi, a nominated member in Rajya Sabha, said on August 7 that the basic structure of the Constitution has a “debatable jurisprudential basis”. On Monday, while speaking on the Bill, Mr. Gogoi said, “The law may not be to be my liking but that does not make it arbitrary. Having read the book, my …

Daily brief: Congress slams ex-CJI Gogoi's remark on 'basic structure' doctrine of Constitution; and all the latest news
1 year, 4 months ago

Daily brief: Congress slams ex-CJI Gogoi's remark on 'basic structure' doctrine of Constitution; and all the latest news

Hindustan Times  

Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’ The Congress party on Monday hit out at former Chief Justice of India and member of Parliament Ranjan Gogoi for terming the basic structure doctrine of the Indian Constitution ‘debatable’. Congress general secretary KC Venugopal wondered whether it was a ruling BJP's trick to begin …

Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’
1 year, 4 months ago

Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’

Hindustan Times  

The Congress party on Monday hit out at former Chief Justice of India and member of Parliament Ranjan Gogoi for terming the basic structure doctrine of the Indian Constitution ‘debatable’. “Shocking that a former CJI questions the jurisprudence of the basic structure of the Constitution,” Venugopal said in a post on X, formerly Twitter. Does it think that democracy, equality, …

Kesavananda Bharati case: SC creates special web page on 50th anniversary
1 year, 8 months ago

Kesavananda Bharati case: SC creates special web page on 50th anniversary

Hindustan Times  

The Supreme Court on Monday released a special web page to celebrate the 50th anniversary of its historic 1973 judgment in the Kesavananda Bharati case that evolved the doctrine of basic structure and laid down that Parliament can amend any part of the Constitution but cannot tinder with its basic structure – a check on the executive and the legislative …

Basic structure is India’s pride and world’s envy
1 year, 8 months ago

Basic structure is India’s pride and world’s envy

Hindustan Times  

Kesavananda Bharati vs State of Kerala — a landmark case that defined the concept of the basic structure doctrine of the Indian Constitution — completes 50 years on April 24, and this is an opportune moment to recognise its unique facets. By a 6-5 majority, India’s largest bench till then, said that fundamental rights were unamendable, overruling both Shankari Prasad …

Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman
1 year, 10 months ago

Without Independent And Fearless Judges, India Will Enter A Dark Age : Former SC Judge Justice RF Nariman

Live Law  

Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai on Friday. And speaking for myself, thank God it is.” Justice Nariman added that the doctrine, which bars the parliament from amending or altering the basic structure of the constitution, was an extremely …

Explained | The basic structure of the Constitution
1 year, 11 months ago

Explained | The basic structure of the Constitution

The Hindu  

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted. His observation marks the response of the Supreme Court to a recent statement made by Vice President Jagdeep Dhankar that the basic structure doctrine introduced by a 13-judge Bench …

Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case
1 year, 11 months ago

Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case

ABP News  

Mumbai: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted. The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark …

Basic structure of Constitution guides like North Star: CJI DY Chandrachud
1 year, 11 months ago

Basic structure of Constitution guides like North Star: CJI DY Chandrachud

India Today  

The Chief Justice of India DY Chandrachud on Saturday said that the basic structure of our Constitution, like a North Star that guides the judges in interpreting the Constitution. “The basic structure of our Constitution, like a North Star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted,” the …

Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud
1 year, 11 months ago

Basic Structure Doctrine A North Star Which Guides Interpretation Of Constitution : CJI DY Chandrachud

Live Law  

Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” The basic structure doctrine had evolved in the celebrated 13-Judge Constitution Bench judgement of the Supreme Court almost five decades back. Talking about …

DC Edit | V-P\'s attack on Constitution\'s basic structure is regrettable
1 year, 11 months ago

DC Edit | V-P\'s attack on Constitution\'s basic structure is regrettable

Deccan Chronicle  

The incessant firing at the judiciary by the Union government from the shoulders of, first, the Union law minister and, then, the Vice-President of the country, began with the collegium system of appointments in the higher judiciary as the target. In the latest volley, Vice-President Jagdeep Dhankhar has questioned the doctrine of basic structure expounded in the 1973 Kesavananda Bharati …

Manish Tewari | Should Parliament codify basic structure doctrine?
2 years ago

Manish Tewari | Should Parliament codify basic structure doctrine?

Deccan Chronicle  

The recent stand-off between the judiciary and the executive on judicial appointments and the law minister’s public advice to the Supreme Court not to hear bail matters and frivolous public interest litigations are issues that go to the very heart of our constitutional jurisprudence. However this stand-off raises some more portentous questions, the first and foremost being the very longevity …

1973: Kesavananda Bharati case
2 years, 4 months ago

1973: Kesavananda Bharati case

The Hindu  

Published : Aug 14, 2022 06:00 IST In an interview a few years before his passing in 2020, Kesavananda Bharati, the pontiff of the Edneer Mutt in Kasaragod in Kerala, said that when he challenged the Kerala Land Reforms Act he never thought that the subsequent Supreme Court judgment would become such a landmark event in the annals of the …

Can Ordinary Legislation Be Struck Down For Violating 'Basic Structure' Of Constitution? Canada Supreme Court Judgment Revives The Debate
3 years, 2 months ago

Can Ordinary Legislation Be Struck Down For Violating 'Basic Structure' Of Constitution? Canada Supreme Court Judgment Revives The Debate

Live Law  

Recently, the Supreme Court of Canada held that 'unwritten constitutional principles' like democracy, though are part of Constitution, cannot be used as bases for invalidating legislation. One of the contentions raised was that the ordinary legislative measures are subject like Constitution Amendments to the restrictions of not damaging or destroying basic structure, or basic features. The judge observed thus: " …

The Basic Structure Doctrine: An Inventive Saviour Of Democracy
3 years, 2 months ago

The Basic Structure Doctrine: An Inventive Saviour Of Democracy

Live Law  

The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for the smooth functioning of the democracy. The court rejected the argument by holding that Art.368 provides the power of amending the constitution, including fundamental rights, and the term "Law" under Art, 13 covers …

Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment
3 years, 4 months ago

Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment

Live Law  

One of the hotly contested issue before the Kenyan Court of Appeals in BBI judgment was whether the Basic Structure Doctrine expounded in Kesavananda Bharati by the Indian Supreme Court is applicable in Kenya or not. The majority judges of the seven judge bench held that this doctrine is applicable in Kenya and that the basic structure of the Constitution …

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