Congress fumes as ex-CJI Gogoi calls ‘Basic Structure’ doctrine 'debatable': ‘Is this BJP's trick to…?’

The Congress party on Monday hit out at former Chief Justice of India and member of Parliament Ranjan Gogoi for terming the basic structure doctrine of the Indian Constitution ‘debatable’. Congress general secretary KC Venugopal wondered whether it was a ruling BJP's trick to begin the “full-fledged dismantling” of the Constitution.

“Shocking that a former CJI questions the jurisprudence of the basic structure of the Constitution,” Venugopal said in a post on X, formerly Twitter.

“Is this the BJP's trick to begin the full-fledged dismantling of the Constitution of India? Does it think that democracy, equality, secularism, federalism, judicial independence are all 'debatable' ideas?”

During his maiden speech in the Upper House supporting the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, nominated Rajya Sabha member Ranjan Gogoi claimed that the basic structure doctrine has a “very debatable” jurisprudential basis. While there is no mention of the term ‘Basic Structure’ in the Constitution, the Supreme Court, in its landmark judgment on the famous Kesavananda Bharati case, listed some basic structures and held that they "could not be abrogated even by a constitutional amendment”.

Reacting to Gogoi's remarks, Venugopal said, “Not surprising that those who have no regard for constitutional principles are now propping up a former CJI with a ‘debatable’ track record to begin their attack on the Constitution through this very dangerous throwaway line.”

“What is Mr. Gogoi's argument? Is he saying that there is nothing called the basic structure that should be protected?” the Congress leader wrote, asking the government whether it endorses his views.

“They must categorically oppose this line of thought, or it will be clear that the BJP has now started a process to destroy the core tenets of our Constitution,” he added.

Speaking in favour of the contentious bill to replace the ordinance on transfers and postings of senior officers in the Delhi government, Gogoi said that “the matter is not sub judice and what is pending before the Supreme Court is the validity of the ordinance.”

Several women leaders of the Congress-led grouping, I.N.D.I.A, staged a walkout over the sexual harassment allegations against the former CJI which was later cleared by the Supreme Court in 2019.