Judges’ Post-Retirement Statements, According to CJI DY Chandrachud, Are Just Opinion

On Tuesday, Chief Justice of India DY Chandrachud said that after judges leave office, their opinions are simply that—opinions—and are not legally enforceable.

Following previous Chief Justice Ranjan Gogoi’s remarks that the Basic Structure Doctrine was open for debate, CJI Chandrachud made his declaration.

There is a book by (TR) Andhyarujina, the former solicitor general, on the Kesavananda Bharati case, Justice (retd) Gogoi remarked earlier. Justice (retd) Gogoi is now a nominated member of the Rajya Sabha and was speaking during a discussion on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.

 

“After reading the book, I believe the idea of the Constitution’s fundamental construction has a very shaky legal foundation. I wouldn’t say anything more than this,” he reportedly remarked, according to PTI.

 

The Supreme Court established the basic structure theory of the Constitution in the famous Kesavananda Bharati decision of 1973, holding that some essential principles including democracy, secularism, federalism, and the rule of law cannot be changed by Parliament.

 

Senior attorney Kapil Sibal referred to Justice Gogoi’s remarks made in the Upper House during the hearing on Tuesday on behalf of National Conference leader Mohd Akbar Lone, who is contesting the repeal of Article 370 of the Constitution, which granted special status to the former state of Jammu and Kashmir.

 

The manner in which the Centre removed Jammu and Kashmir’s special status, according to Kapil Sibal, cannot be justified in any way “unless a new jurisprudence is brought so that they (the Centre) can do whatever they like as long as they have a majority.”

 

Now, one of your distinguished colleagues has said that fundamental structure theory is likewise dubious, the man added.