Congress slams ex-CJI Gogoi for questioning basic structure doctrine
The Congress party has criticized former Chief Justice of India and member of Parliament Ranjan Gogoi for calling the basic structure doctrine of the Indian Constitution ‘debatable’. Congress general secretary KC Venugopal expressed concerns that this may be the ruling BJP’s attempt to dismantle the Constitution. Venugopal questioned whether the BJP considers democracy, equality, secularism, federalism, and judicial independence as ‘debatable’ ideas.
Former CJI’s remarks on basic structure doctrine
In his maiden speech in the Rajya Sabha supporting the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, Gogoi claimed that the basic structure doctrine has a “very debatable” jurisprudential basis. While the term ‘Basic Structure’ is not explicitly mentioned in the Constitution, the Supreme Court, in its landmark judgment on the Kesavananda Bharati case, identified certain basic structures that cannot be abrogated even by a constitutional amendment.
Congress’ response
Congress general secretary Venugopal expressed shock at Gogoi’s questioning of the basic structure of the Constitution. He accused the BJP of propping up a former CJI with a “debatable” track record to attack the Constitution. Venugopal demanded that the government categorically oppose this line of thought, warning that failure to do so would indicate the BJP’s intention to destroy the core tenets of the Constitution.
Controversial bill and walkout
Gogoi’s speech was in support of a contentious bill to replace the ordinance on transfers and postings of senior officers in the Delhi government. Several women leaders of the Congress-led grouping, I.N.D.I.A, staged a walkout in protest over sexual harassment allegations against Gogoi, which were cleared by the Supreme Court in 2019.
- The Congress party criticizes ex-CJI Ranjan Gogoi for calling the basic structure doctrine ‘debatable’.
- Congress general secretary KC Venugopal questions whether this is the BJP’s attempt to dismantle the Constitution.
- Gogoi claimed the basic structure doctrine has a “very debatable” basis in his speech supporting a controversial bill.
- Venugopal accuses the BJP of using Gogoi to attack the Constitution and demands a clear opposition to this line of thought.
- Several women leaders walk out in protest during Gogoi’s speech due to past sexual harassment allegations.
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