CJI DY Chandrachud opts not to speak about basic structure doctrine in lecture on basic structure; says will speak through judgments

Chief Justice of India (CJI) DY Chandrachud on Friday opted not to voice his opinion on the basic structure doctrine, saying he will not express his views about the same on public forums but would rather let his judgments speak on the issue..The CJI was delivering the keynote address on the topic 'Has the basic structure doctrine served the nation well' at an event marking the birth centenary year of legendary lawyer late Ram Jethmalani. "I will speak about the doctrine through my judgments and not here," CJI Chandrachud said. .The CJI heaped then proceeded to heap praise on Jethmalani."We should ask ourselves how we clone a Ram Jethmalani? If we have to then we have to clone the socio-political era in which he grew up and lived. Ram's legacy endures not only his mastery over law. He lived in times where one could be without hope in which the way things were headed to. Ram was a luminary who left a lasting contribution to the rule of law." He spoke of how Jethmalani had come to Mumbai with only ₹10 in hand, and, therefore, understood the plight of the ones who lived at the fringes. "As a criminal lawyer he was known for the art of skillful cross-examination. Ram had the ability to create a perfect crime scene. He used his network skills for social purposes. He was instrumental for the starting the 5-year law courses. Ram democratised access to legal education. Legal education opened up for people without financial. Ram was the chairperson of Bar Council of India during the emergency and he had spoken firmly on the imposition of Emergency." The CJI in his address also touched upon the measures the top court took to function optimally during the COVID pandemic."We have implemented filing of cases in e form, submission of urgent listing etc. It is way more easy to file pleadings than to stand in lines. These are changes and change does not come easy. My focus in on reducing barriers to access to justice. It is only with this holistic approach we can work on."Pertinently, the CJI also responded to criticism of the Supreme Court Collegium, in particular about the opaque and ad hoc nature of its functioning. He revealed that the Collegium now has a research and planning centre which is administered by an officer from Haryana judicial service. This centre assesses judgments of High Court judges who are in the zone of consideration for elevation to the Supreme Court."We have a centre for research and planning headed by an officer from the Haryana judicial services. We have prepared a broad platform where we have assessed top 50 judges of the country who would be considered for appointment to the Supreme Court of India. [We are] transparent not by sharing discussions in public realm but have selection boards for the same for High Courts to peruse," the CJI told the audience..Basic Structure doctrine guides judges like North Star, says CJI DY Chandrachud after Vice President Dhankhar calls doctrine incorrect.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.