Today, On 14th April, If the Basic Structure doctrine ever goes, we could witness another Jallianwala Bagh,” remarked Former Supreme Court judge Justice Rohinton Fali Nariman. He made this statement during the launch event of his book titled The Basic Structure Doctrine.
New Delhi: Former Supreme Court judge Justice Rohinton Fali Nariman on Monday strongly defended the Basic Structure doctrine of the Indian Constitution. He said that this principle is permanent and cannot be removed.
According to him, if the doctrine is ever taken away, it could lead to serious consequences for the country.
Justice Nariman was speaking at the launch of his book The Basic Structure Doctrine, published by Lexis Nexis. The event was attended by Supreme Court Justice KV Viswanathan, retired Justice AK Sikri, and senior advocates Kapil Sibal and Abhishek Manu Singhvi.
During his speech, Justice Nariman clearly stated,
“The endeavor of this book is that this doctrine [basic structure] has come to stay, it can never go. And if by chance, if it ever goes, then God help this country. Jallianwala Bagh becomes a distinct possibility.”
He added that the Basic Structure doctrine is essential to protect India’s democracy and constitutional values. He stressed that this principle is not just a part of the Constitution but a shield against authoritarianism.
The doctrine originates from the historic Supreme Court case Kesavananda Bharati v. State of Kerala, where the Court ruled that certain fundamental features of the Constitution cannot be amended by Parliament.
The case was heard by a 13-judge Constitutional Bench the largest ever in Indian legal history and resulted in a narrow 7:6 majority. It became a turning point in Indian constitutional law and limited Parliament’s power to make sweeping changes that could harm the democratic setup.
The Basic Structure doctrine protects important elements of the Constitution like:
- Supremacy of the Constitution
- Rule of law
- Independence of the judiciary
These features, according to the doctrine, cannot be changed or removed even by a constitutional amendment.
Also Read: “No Ram Temple Below Babri?” – Former SC Judge Justice RF Nariman Comment Sparks Debate
Justice Nariman firmly warned,
“If by chance, Basic Structure doctrine ever goes, then God help this country. Jallianwala Bagh becomes a distinct possibility.”
The event highlighted the importance of preserving the core values of the Constitution. Justice Nariman’s book aims to provide clarity and strong legal reasoning in support of the Basic Structure doctrine.
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