Once we cease to be judges, whatever we say is just opinion: CJI on Ranjan Gogoi's statement in Rajya Sabha

Satya Prakash

New Delhi, August 9

Solicitor General Tushar Mehta on Tuesday objected to senior counsel Kapil Sibal talking about former CJI and Rajya Sabha MP Ranjan Gogoi’s speech on Monday doubting basic structure doctrine, saying Parliament’s proceedings can’t be discussed in courts.

During hearing on petitions challenging the nullification of Article 370 of the Constitution, Sibal – a Rajya Sabha MP — told a five-judge Constitution Bench led by Chief Justice of India DY Chandrachud that the manner in which the Centre abrogated the special status of Jammu and Kashmir can’t be justified “unless a new jurisprudence comes to light that they can do whatever they like as long as they have a majority”.

“Now one of your esteemed colleagues has said that in fact basic structure theory is also doubtful,” Sibal told the Bench in an obvious reference to Justice Gogoi.

“Parliament doesn’t discuss what goes on in courts”, Mehta said, adding courts also don’t discuss what transpires in Parliament. “Mr Sibal is addressing this here since he wasn’t there in Parliament yesterday. You (Sibal) should have responded (to Justice Gogoi) in Parliament,” he said.

The CJI clarified that Justice Gogoi was a former colleague. “Mr Sibal, when you refer to a colleague, you have to refer to a sitting colleague. Once we cease to be judges, whatever we say, they’re opinions, they are not binding,” Justice Chandrachud said.

In his maiden speech in the Rajya Sabha in favour of the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, that gave wider powers to the Centre over bureaucracy in the national capital, Justice Gogoi – a nominated member of the Rajya Sabha had said the basic structure doctrine has a “doubtful jurisprudence”.