Further, Justice Gogoi stated that the law could only perhaps violate the fundamental right to Article 14 on the ground of arbitrariness though he added that the law does not appear to be arbitrary, according to him.
Interestingly, addressing concerns that the Bill violates the basic structure of the Constitution, Gogoi referred to a book by former Solicitor General of India (SGI) TR Andhyarujina on the Kesavananda Bharati case to assert that the doctrine of basic structure has a very debatable jurisprudential basis.
“Does it violate the basic features of the Constitution? There is a book by Mr (TR) Andhyarujina on the Kesavananda Bharati case. Having read the book, my view is that the doctrine of basic structure of the Indian Constitution has a very debatable jurisprudential basis,” Justice Gogoi stated.
Justice Gogoi ended his maiden speech in parliament by underlining that Article 239AA was not under challenge before the Supreme Court. Therefore, he contended that the bill was perfectly, legitimately valid.
“What is permissible need not necessarily be right. To me, the Bill is right but if someone disagrees, his conscience must be left free,” he added.
Source: Barandbench
