'GNCTD Amendment Bill Perfectly Valid; Basic Structure Doctrine Has A Debatable Jurisprudential Basis': Ex-CJI Ranjan Gogoi In Rajya Sabha

In his maiden speech in the Rajya Sabha as a Nominated member of the Upper House, former Chief Justice of India (CJI) Ranjan Gogoi today called the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 as a "perfectly legitimately valid, correct and right"

"What is permissible need not necessarily be right. To me, the Bill is right but if someone disagrees, his conscience must be left free", he said as he stressed that the Parliament has the legislative competence to make laws for the Union Territories including Delhi.

In a striking remark, he also said that the Doctrine of Basic Structure of the Constitution has a "very debatable jurisprudential basis". 

In his maiden speech in #RajyaSabha, former CJI Ranjan Gogoi calls the National Capital Territory of Delhi (Amendment) Bill, 2023 as "perfectly legitimately valid, correct and right"

"what is permissible need not necessarily be right", he said.#DelhiServicesBill pic.twitter.com/YnDrMEUmAY

— Live Law (@LiveLawIndia) August 7, 2023

Ex-CJI Gogoi made these remarks while a discussion was taking place in the Rajya Sabha on the 2023 bill hours after it was introduced by the Union Home Minster Amit Shah. The bill, which seeks to dilute the powers of the Delhi Government over services, has already been passed in the lower house i.e. in Lok Sabha on 3 August by voice vote.

ExCJI Gogoi also said that it would be wrong to say that this matter is sub-judice as what is pending before the Supreme Court is the validity of the ordinance (promulgated in May this year), and it has nothing to do with the debate on the Bill in the House. 

"The bill takes away Section 3A from the ordinance. When Sectioin 3A has been taken out of the ordinance and is not part of the bill, the questions referred to the Constitution Bench of the Supreme Court stand self-answered," he said.

For context, a key provision of the Ordinance was Section 3A, which held that the Delhi Legislative Assembly (and consequently the Delhi Government) will not have powers over Entry 41 of List II of the 7th Schedule of the Constitution, which relates to services.

Notably, Section 3A also stated that the provision will prevail "notwithstanding anything contained in any judgement, order or decree of any Court", meaning thereby that the Ordinance nullified the effect of the Supreme Court. However, in the Bill introduced in the Lok Sabha and now in the Rajya Sabha, Section 3A is conspicuous by its absence.

During his speech, when certain members of the House briefly disrupted his speech by raising their voices, the Vice President of India and Chairman of the Rajya Sabha asked the members to not interrupt him as the "house was being enlightened" and that every word spoken by the Ex-CJI should be "marked" by them. 

Importantly, Ex-CJI said that there is absolute freedom of speech in the Parliament and that whatever a member says in the Parliament, cannot be questioned in the Court of law.

Ex-CJI also said that neither the Bill violates the Fundamental Rights of the Citizens, nor the Basic feature of the Constitution or any other provisions of the Constitution.