Ranjan Gogoi
Credit: Reuters File Photo
Congress has questioned Justice Ranjan Gogoi raising doubts about the "jurisprudential basis" of basic structure doctrine of the Constitution during a debate in Rajya Sabha, saying it is not surprising that the BJP is fielding a former Chief Justice of India with a "debatable" track record to begin its attack on the Constitution.
General Secretary (Organisation) KC Venugopal said it was "shocking" that a former Chief Justice of India was questioning the basic structure of the Constitution and asked the government whether it endorsed such a view.
Asking Union Law Minister Arjun Ram Meghwal whether the government endorse Justice Gogoi's views, he demanded that the government should "categorically oppose this line of thought" or otherwise it will be clear that the BJP has now started the process to destroy the "core tenets" of the Constitution.
Supporting the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which takes away Delhi government's powers over its bureaucrats, Gogoi said on Monday evening, "does it (Bill) violate the basic features of the Constitution? I have to say something on the basic features of the Constitution. There is a book by (Tehtman) Andhyarujina, the former Solicitor General of India on the Kesavananda Bharati case."
"Having read the book, my view is that the doctrine of basic structure of the Constitution has a debatable, very debatable jurisprudential basis. I would not say anything more," he said in his 16-minute maiden speech, which witnessed the walk out by five women MPs as he faced sexual harassment charges in office.
Venugopal asked whether it was BJP's trick to begin the "full-fledged dismantling" of the Constitution. Does it think that democracy, equality, secularism, federalism, judicial independence are all 'debatable' ideas? Venugopal posted on 'X', formerly Twitter.
"Not surprising that those who have no regard for constitutional principles are now propping up a former CJI with a ‘debatable’ track record to begin their attack on the Constitution through this very dangerous throwaway line. What is Mr. Gogoi's argument? Is he saying that there is nothing called the basic structure that should be protected?" he said.
As the Chief Justice of India, he has invoked the basic structure doctrine in a number of cases, including the one on Ayodhya Ram temple. In a speech in 2018 before he took over as Chief Justice of India, he had indicated that the country had reaped benefits from the development of basic structure.