'If It Ever Goes...Jallianwala Bagh Becomes A Distinct Possibility': Justice Rohinton Nariman On Basic Structure Doctrine

Former Supreme Court judge Justice Rohinton Nariman on Monday spoke in defense of the basic structure of the Indian Constitution, stating that if it is ever overridden, it would be disastrous for the country.

Justice Nariman's remarks came during an event marking the release of his book The Basic Structure Doctrine.

Justice Nariman: The endeavour of this book is that this doctrine [basic structure] has come to stay, it can never go. And if by chance, if it ever goes, then God help this country, Jallianwala bagh becomes a distinct possibility.

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"The endeavor of this book is to emphasise that this doctrine (basic structure) is here to stay; it can never go. And if by chance it ever does, then God help this country. Jallianwala Bagh becomes a distinct possibility," quoted Justice Nariman as saying.

At the event, Supreme Court Bar Association President and Senior Advocate Kapil Sibal supported Justice Nariman’s remarks and stated, "The basic structure doctrine is here to stay. But the real challenge is that you don't need to amend the Constitution to violate the basic structure. You can violate it by bringing in an ordinary law that is contrary to it… You can violate the basic structure on a daily basis, and that is what is happening in this country."

According to reports, the former Supreme Court judge spoke at length about the Basic Structure doctrine, which finds its origin in the landmark Supreme Court judgment Kesavananda Bharati v. State of Kerala.

The essential concept of the basic structure doctrine is that Parliament cannot amend, alter, or remove certain foundational features of the Constitution through constitutional amendments. These protected core principles include constitutional supremacy, the rule of law, and judicial independence.

The event was attended by several notable legal figures, including Supreme Court Justice KV Viswanathan, former Justice AK Sikri, and prominent Senior Advocates Kapil Sibal and Abhishek Manu Singhvi. The book, authored by Justice Nariman, was published by LexisNexis.