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Chief Justice of India DY Chandrachud on Tuesday observed that when judges leave office, whatever they say is only an opinion and not binding, after former CJI Ranjan Gogoi's comments in the Supreme Court said the constitutional doctrine was controversial.
On Monday, Justice Gogoi (retd), who has now been nominated as a member of the Rajya Sabha, said while participating in a debate on the Government of the National Capital Territory of Delhi (Amendment) Act, 2023, "(TR) is a book by Andhyaruji, former lawyer in the Kesavananda Bharati case."

"After reading the book, it is my opinion that the doctrine of the basic structure of the Constitution has a very conflicting jurisprudence. I would not say more about it."

In the Kesavananda Bharat judgment (1973), the Supreme Court laid down the doctrine of the basic structure of the constitution and said that parliament cannot change certain basic features such as democracy, secularism, federalism, and the rule of law.
In Tuesday's hearing, senior activist Kapil Sibal, appearing on behalf of National Conference leader Mohd Akbar Lone, who challenged the abrogation of Article 370, which granted special status to the former state of Jammu and Kashmir, referred to the judge's statement. Gogoi. The upper room.
Sibal argued that the manner in which the Center revoked the special status of J and K could not be justified "unless new jurisprudence is brought so that they (Centre) can do whatever they want as long as they have a majority." He said: "Now one of your distinguished colleagues has said that actually, the basic structure theory is also questionable."

Responding to Sibal's statement, CJI Chandrachud said: "Mr. Sibal, if you refer to a colleague, you must refer to a sitting colleague. After we cease to be judges, whatever we say will only be opinions and not binding."

In a public event in January this year, CJI Chandrachud called the basic structural doctrine the "North Star", which guides and provides some direction to the interpreters and enforcers of the Constitution when the going is torturous.
The basic structural principle became the basis for the repeal of several amendments, including the amendment and the repeal of the NJAC Act on the Appointment of Judges of the High Judiciary.
Advocate Tushar Mehta, appearing for the Center in 370 cases, intervened in Sibal's motion and said that the proceedings of the Parliament cannot be discussed in the court, just as the proceedings of the court cannot be discussed in the Parliament.