Former CJI Ranjan Gogoi, now a nominated MP, made a very interesting point during the debate on the Modi government’s Delhi services law. He said the ‘basic structure doctrine’ — which renders some portions of the Constitution beyond amendment, and is the grounds on which some critics have challenged the law — has a very debatable jurisprudential basis.
As a judge, however, Gogoi had cited the basic structure doctrine and its wisdom in more than one judgment. In episode 1286 of #CutTheClutter, Editor-in-Chief Shekhar Gupta discusses the doctrine with ThePrint’s resident legal eagles — Legal/Courts Editor Bhadra Sinha and Assistant Editor Apoorva Mandhani. Tune in for an illuminating discussion on how the ‘basic structure doctrine’ evolved and what it means.