"What Happened To Your Basic Structure Doctrine In 1975?" Vice President Dhankhar Lambasts Justice Nariman For His Jallianwala Bagh Remark
|Jagdeep Dhankhar said that dangerous narratives are being sold at a critical time, and those must be exposed.
Vice President Jagdeep Dhankhar today came down heavily on retired Justice Rohinton Nariman for his recent remark that Jallianwala Bagh like massacre will become a distinct possibility if the Basic Structure Doctrine is done away with.
The Vice President said that since the Basic Structure Doctrine was propounded before the declaration of emergency in the year 1975, "I wish somebody in the audience should have asked the question, what happened to your Basic Structure Doctrine in 1975?"
While addressing the 6th batch of Rajya Sabha interns, he said that such narratives, as being propounded by Justice Nariman, should not be taken at face value.
"These narratives are dangerous narratives. These narratives must be exposed by young people. You must learn to question, because we have iconized people through a mechanism which is not rational. We have given celebrity status to people without examining. We think what they say is right", the Vice President said about Justice Nariman.
While speaking at the launch of his book, 'The Basic Structure Doctrine: Protector of Constitutional Integrity', Justice Nariman had said earlier this week, "All I can say is that the endeavour of this book is that this doctrine has come to stay. It can never go. And if by chance, it ever goes, God help this country. Jallianwala Bagh becomes a distinct possibility".
After referring to Justice Nariman's remarks, the Vice President said that the Kesavananda Bharati Judgment was delivered on April 24, 1973. "And this, according to the author, is our saviour. But after we had this Basic Structure Doctrine, a Prime Minister, to save her seat, imposed emergency on 25th June 1975. The judge has forgotten", the Vice President said.
"Lakhs of people were put behind bars, and it was up to 21st March 1977. With this Basic Structure Supreme Court ruled- you have no fundamental right during emergency. This is so much for your tribute to Basic Structure", the VP said, lambasting Justice Nariman.
"The impregnability of Basic Structure was demolished to pieces by the Highest Court of the land, reversing judgments of nine High Courts that in one voice held, fundamental rights cannot be on holiday during emergency, there has to be access to judiciary", he said.
"A former judge, being the author of the book, eulogising the doctrine- the complete bullwark against assault on citizens' rights, was so oblivious of what happened during his lifetime. Just imagine", he said.
In 2023, the Vice President had criticised the Supreme Court for using the doctrine of Basic Structure to strike down the constitutional amendment that introduced the National Judicial Appointments Commission. He had said that the Kesavananda Bharati judgment of 1973 set a bad precedent.
The Bombay High Court had held that fair criticism of a judgment is permissible, while dismissing a PIL against the Vice President for his remarks against the Basic Structure Doctrine.