Chief Justice DY Chandrachud on Basic Structure Doctrine: Expressions Through Judgments, Not Public Pronouncements
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Chief Justice of India, DY Chandrachud, recently emphasized his preference to express views on the Basic Structure Doctrine through his judicial decisions rather than making public statements outside the courtroom. This stance was made clear during his address at the 4th Ram Jethmalani Memorial Lecture, which revolved around the topic, ‘Has the Basic Structure Doctrine served the nation well?’
Justice Chandrachud’s decision to refrain from discussing the doctrine in a public forum was a conscious choice. He remarked,
“Much as I admire Ram Jethmalani, one thing I wouldn’t share with him is his ability to court controversy. So I thought, if I have to do something about this doctrine, I should do it through my judgments.”
Instead of delving into the doctrine, the Chief Justice chose to shed light on lesser-known aspects of the Supreme Court. He expressed concerns about the portrayal of the Supreme Court in various media outlets, noting that while the institution is frequently discussed in electronic and print media, as well as on social media platforms, there’s a side to the Supreme Court that remains unknown to the general public.
Reflecting on his tenure as the Chief Justice of India, Justice Chandrachud highlighted his efforts to institutionalize the justice delivery system, moving away from an ad hoc operational model. He emphasized the importance of institutionalizing courts, stating that it not only enhances transparency and accountability but also humanizes the workspace. However, he also pointed out the challenges institutions face, where innovative ideas introduced by individuals often get sidelined as leadership changes.
The Chief Justice also touched upon the challenges the top court faced during the Covid pandemic. He acknowledged the increased pendency rates due to the pandemic and the emotional toll it took on everyone. He emphasized the importance of prioritizing the mental well-being of lawyers and registry officials during these trying times.
Furthermore, Justice Chandrachud highlighted the court’s efforts to leverage technology to enhance access to justice, especially during the pandemic.
The discussion surrounding the Basic Structure Doctrine is particularly relevant this year, marking its 50th anniversary. Earlier in January, the Chief Justice had described the doctrine as the guiding North Star for interpreters of the Constitution, especially when navigating complex judicial paths.
