Former CJI Ranjan Gogoi says basic structure of Constitution debatable

Former Chief Justice of India Ranjan Gogoi said in the Rajya Sabha on Monday that the basic structure of the Constitution has a “very debatable jurisprudential basis”. Gogoi was nominated as a member of the Upper House in March 2020, four months after he retired as the chief justice.

On Monday, Gogoi made the remarks on the basic structure doctrine while voicing his support to the Government of National Capital Territory of Delhi (Amendment) Bill. The bill was passed on Monday, giving the Bharatiya Janata Party-led Central government to control the postings and transfers of bureaucrats in Delhi.

In laying down the basic structure of Constitution in 1973, the Supreme Court had said that the legislature cannot make amendments that remove certain essential features of the Constitution.