Ranjan Gogoi’s statement in RS: Once retired, judges’ opinions are not binding diktats, CJI tells Kapil Sibal
Former Chief Justice of India and nominated Rajya Sabha MP Ranjan Gogoi’s statement in Parliament on Monday, raising doubts on the Basic Structure Doctrine, found a mention in the Supreme Court on Tuesday.
Appearing before a five-judge Constitution Bench presided by Chief Justice of India D Y Chandrachud, hearing petitions challenging the abrogation of Article 370, senior advocate Kapil Sibal said, “One of your esteemed colleagues has said that, in fact, Basic Structure theory is also doubtful.”
Though Sibal did not name Justice Gogoi, it was apparent that his reference was to the latter’s statement in Rajya Sabha wherein he said the Basic Structure Doctrine evolved by the SC has a “debatable jurisprudential basis”.
Responding to Sibal’s comments, the CJI said, “Mr. Sibal, if we refer to a colleague, we have to refer to a sitting colleague. Once we cease to be judges, they are opinions, not binding diktats.”
“But I am surprised”, said Sibal.
Solicitor-General Tushar Mehta was quick to intervene and remind Sibal that “Parliament does not discuss what goes on in the court” and that courts should also stay out of discussing what is discussed in Parliament.
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