Days after V-P’s criticism, CJI hails ‘basic structure’ verdict | Latest News India - Hindustan Times
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Days after V-P’s criticism, CJI hails ‘basic structure’ verdict

Jan 22, 2023 04:55 AM IST

Delivering the 18th Nani Palkhivala Memorial Lecture organised by the Bombay Bar Association, CJI DY Chandrachud asserted that the judgment in the Kesavananda Bharati case aids in keeping the soul of the Constitution intact even as judges interpret the text of the Constitution with the changing times.

New Delhi: Ten days after Vice President Jagdeep Dhankhar criticised the Supreme Court for setting a bad precedent by its 1973 judgment that evolved the doctrine of basic structure, Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Saturday termed the verdict a “groundbreaking” judgment that guides the judges like a “North Star” in interpreting and implementing the Constitution.

Chief Justice of India Dhananjaya Y Chandrachud on Saturday termed the verdict a “groundbreaking” judgment that guides the judges like a “North Star” in interpreting and implementing the Constitution. (ANI Pic Service)
Chief Justice of India Dhananjaya Y Chandrachud on Saturday termed the verdict a “groundbreaking” judgment that guides the judges like a “North Star” in interpreting and implementing the Constitution. (ANI Pic Service)

Also Read | Supreme Court’s ‘basic structure’ verdict set bad precedent: Dhankhar

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Delivering the 18th Nani Palkhivala Memorial Lecture organised by the Bombay Bar Association, the CJI asserted that the judgment in the Kesavananda Bharati case aids in keeping the soul of the Constitution intact even as judges interpret the text of the Constitution with the changing times.

“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 or the philosophy of our Constitution is premised on supremacy of the Constitution, the rule of law, separation of powers, judicial review, secularism, federalism, freedom and dignity of the individual and unity and integrity of the nation,” said justice Chandrachud.

The CJI underlined that the year 2023 marks fifty years “since our country firmly established the doctrine of basic structure in our legal landscape” by holding that Parliament had the power to amend any part of the Constitution, including the chapter on Fundamental Rights, the power cannot be so exercised as to alter or destroy the basic structure or framework of the Constitution.

Also Read | Congress, Dhankhar continue to spar over Sonia’s remarks on judiciary

He added that the basic structure judgment is a “rare success story” which was emulated by India’s neighbouring countries such as Nepal, Bangladesh and Pakistan. “Different formulations of Basic Structure doctrine have now emerged in South Korea, Japan, certain Latin American and African countries. The migration, integration, and reformulation of the doctrine of basic structure in constitutional democracies across continents is a rare success story of diffusion of legal ideas in our interconnected world,” said justice Chandrachud, recalling eminent jurist Nani Palkhivala’s contribution as a lead lawyer in arguing the Kesavananda Bharati case before the 13-judge bench.

The CJI’s emphasis on the significance of the 1973 judgment closely follows Dhankhar’s strong remarks against the Supreme Court for evolving the doctrine of basic structure. Addressing a public event at Jaipur on January 11, the Vice President asked if the judiciary can put fetters on Parliament’s powers to amend the Constitution and frame laws in a democratic nation.

“In 1973, a very incorrect precedent was started in India. In the case of Kesavananda Bharati, Supreme Court gave the idea of basic structure, that Parliament can amend the Constitution but not its basic structure. With due respect to judiciary, I cannot subscribe to this. This must be deliberated. Can this be done? Can Parliament allow that its verdict will be subject to any other authority?... Otherwise, it will be difficult to say that we are a democratic nation,” remarked Dhankhar.

The 1973 judgment in the Kesavananda Bharati case is credited for laying down the basic structure doctrine. A 13-judge bench held by a 7-6 majority that Parliament can amend any provision of the Constitution, including fundamental rights, so long as the basic structure of the Constitution remains the same.

While the constitution bench identified some of the features, including supremacy of the Constitution, unity and sovereignty of India, secular character of the Constitution and separation of power as the basic structure of the Constitution, the court clarified the list is not exhaustive. Later, the top court added some more features such as rule of law, judicial review and free and fair elections to the list of basic structure.

During his address at Jaipur that opened a new front in the ongoing tussle between the executive and the judiciary over the judges’ selection mechanism and the division of powers between the two wings, Dhankhar had also expressed his indignation at the 2015 Supreme Court judgment quashing the National Judicial Appointments Commission (NJAC) Act, which had proposed a greater role for the government in the appointment of judges. The Vice President had on December 7 too criticised the Supreme Court’s NJAC verdict.

Apart from Dhankhar, Union law minister Kiren Rijiju has been vociferous in his reproach of the judges’ selection mechanism. Rijiju, on several occasions over the last few months called the mechanism “opaque”, “alien to the Constitution” and the only system in the world where judges appoint people who are known to them.

A day after Dhankhar’s December 7 statement, the Supreme Court, while hearing a case related to judicial appointments, asked attorney general R Venkataramani to “advise” government functionaries to “exercise control”, as it underscored that the Union government is bound to follow the collegium system “to a T” because that is the law of the land.

More recently, the Supreme Court collegium, comprising the CJI and justices Sanjay Kishan Kaul and KM Joseph, took a decision to send detailed notes in support of each candidate who has been recommended for the appointment. On Thursday, the statements released by the collegium on the court website contained extensive reasons justifying its decision to clear the appointees. This marked a departure from the past when only the names used to be put out in public domain and it remained unknown the reasons behind the government’s objections to any candidate and the collegium’s response.

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