Former CJI YV Chandrachud nurtured Basic Structure doctrine: Supreme Court Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna credited former Chief Justice of India (CJI) late YV Chandrachud for his contributions to the Basic Structure doctrine. .Justice BV Nagarathna stated that former CJI Chandrachud's opinion in Indira Gandhi vs Raj Narain and Minnerva Mills cases "nurtured the basic structure doctrine.""The balance in the vision of CJI Chandrachud rendered flesh and bones to the basic structure doctrine. He possessed traits of a scholarly statesman. The basic structure was further distilled in Waman Rao vs Union of India. As per Upendra Baxi, there was a shift in the position of the judge and that he disagreed with his earlier judgment.. I do not think that comment was needed since he had to follow the precedent in Kesavananda Bharati case and apply it in subsequent cases," Justice Nagarathna said.She was delivering the 216th Friday club lecture in the Supreme Court on the topic The Constitutional and Legal Philosophy of Chief Justice of India YV Chandrachud held to commemorate the 104th birth anniversary of the former CJI..Justice Nagarathna, who is in line to be the future CJI, further added that had our basic structure not been immutable, our democracy would have struggled to save its sanctity."CJI YV Chandrachud had no hesitation to enforce the fundamental rights of a citizen. The Rudul Shah case is one such example and handed down cash compensation for him, and that time compensation for violation of fundamental right was a novel pedagogy," said the judge. .CJI Chandrachud continues to inspire judges till date, she added. Justice Nagarathna also lauded the 'rarest of rare' doctrine propounded by CJI Chandrachud in Bachhan Singh which is the test for imposition of death penalty in India. .Justice Nagarathna further stated that CJI Chandrachud's conduct as a judge showed how he did a psychological foray into the minds of litigants, particularly in family law cases. She recollected how former Supreme Court judge Justice Chinnappa Reddy had described Justice Chandrachud as the master of the art of constituting benches to get the best out of judges."The former CJI appointed as many as 14 judges to the Supreme Court during his tenure," Justice Nagarathna said..She also highlighted in her speech that Justice Chandrachud was born on an auspicious day as per the Hindu calendar. "He was born on prathama Ekadasi which is a very important day. When he passed away, it was on Harisheyana Ekadasi. It is a very significant day in Hindu calendar," said Justice Nagarathna.