Chief Justice of India Dr. DY Chandrachud has said that the basic structure of the Constitution is like a 'pole star' and guides us when the path seems difficult. CJI Chandrachud said that it depends on the skill of a judge as to how he interprets the Constitution keeping in mind the basic spirit of the Constitution and protecting it in the changing times.
In the 18th Nani Palkiwala Memorial Lecture organized by the Bombay Bar Association, CJI Chandrachud said that the basic structure or philosophy of our constitution is the supremacy of the constitution, rule of law, separation of powers, judicial review, secularism, federalism, freedom of every individual. And it is based on dignity, national unity and integrity. The CJI said that if Nani Palkiwala had not been there, India would not have had the 'Basic Structure Doctrine'.
Chief Justice DY Chandrachud (CJI DY Chandrachud) said that you know the needs of your generation, but the constitution is a priceless heritage and cannot destroy its identity at any cost.
CJI Chandrachud's statement came at a time when Vice President Jagdeep Dhankhar had recently questioned the famous Kesavanand Bharti judgment of 1973. The Vice President had said that the Kesavananda Bharti judgment had set a bad precedent. Let us tell you that the core of Kesavanand Bharti's decision was that the Parliament can make changes in the constitution, but cannot tamper with its basic structure.
Jagdeep Dhankhar had said that I have full respect for the judiciary, but this thing is beyond my understanding. Can the Parliament allow that its decision will be subject to any other authority?
Let us tell you that for the last few months, there has been a dilemma between the government and the judiciary regarding the collegium system. The central government has been consistently rejecting several names recommended by the collegium for appointment as judges, and has been advocating the NJAC instead of the collegium system.
Recently, the CJI-led collegium gave a detailed reply to the central government, in which intelligence reports of IB and RAW have also been made public. This in itself was unexpected.
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