Deepak Misra mentioned that basic features of the Constitution cannot be altered. (FILE)
New Delhi:
Former Chief Justice of India Dipak Misra on Friday said that there can be no trace of doubt that the basic structure doctrine stabilizes Constitutional governance and the rule of law.
Addressing a gathering on the occasion of Ram Jethmalini’s memorial lecture, former CJI Misra said that there can be no space of doubt that the basic structure doctrine stabilizes Constitutional governance and the rule of law.
Former CJI said that it has basically acted as a navigational compass for judges in their Constitutional interpretation in the proper direction.
He also mentioned that basic features like the federal and secular nature of the Constitution cannot be altered.
Reacting to the debate that the basic structure of doctrine served the nation well, the former CJI raised the question on the fate of the nation and its citizens if the court had not held 39th and 42nd Amendments unconstitutional.
Misra said that it is not an enigma nor in the realm of mysticism but to serve, protect and save the nation. It is the fundamental essence of the Constitution and it remains the most natural constant, he said.
Meanwhile, Chief Justice of India DY Chandrachud opted not to express his opinion on the basic structure doctrine. However, CJI Chandrachud said that he would speak about the doctrine through his judgments but not here.
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