25th Justice Sunanda Bhandare Memorial Lecture to be delivered by Dr. Upendra Baxi on

"How to Engender the Basic Structure Doctrine? The Elusive Future of Women's Rights as Human Rights"

Attorney General for India, KK Venugopal to preside. @htTweets Image
#JusticeSunandaBhandareLecture: I used to be a progressive feminist. I don't use 'ladies and gentlemen'.

I say gentle persons, says Dr. Upendra Baxi.
#JusticeSunandaBhandareLecture: Justice Sunanda Bhandare was one of the earliest feminist voices both at the Bar and the Bench, says Upendra Baxi.
#JusticeSunandaBhandareLecture: Upendra Baxi: Much before Shah Bano, Sunanda Bhandare had filed a maintenance plea in Bai Tahira's case. It came before Justice Krishna Iyer whose views were reconfirmed in Shah Bano.
#JusticeSunandaBhandareLecture: Upendra Baxi: It is an amazing achievement to have 25th memorial lecture. This lecture has saved Justice Sunanda Bhandare from unjust amnesia.
#JusticeSunandaBhandareLecture: Upendra Baxi: Doctrine of Basic Structure is long term to say, so I will abbreviate it to BS. Whether BS is in a good sense or not is for you to decide.
#JusticeSunandaBhandareLecture: Upendra Baxi: State was all male. Judiciary, Executive, Legislature was all male. Even when we speak about Constituent Assembly, we remember males and not the women in the Constituent Assembly.
#JusticeSunandaBhanadareLecture: Upendra Baxi: No institution is sovereign. Every institution in India is supreme in its own sphere and that is the message of Basic Structure.
#JusticeSunandaBhandareLecture:
Upendra Baxi: In the context of women's rights, the first incursion into Basic Structure came in the case of Vishaka.

Not a single time is the word Basic Structure mentioned in the judgment though.
#JusticeSunandaBhandareLecture

Upendra Baxi: However, Vishaka refers to various cases on Article 21 which is based on substantive due process. Vishaka is thus the first instance of feminisation of Basic Structure.
#JusticeSunandaBhandareLecture:
"I dont know why judges write such long decisions," says Upendra Baxi and turns to AG KKVenugopal.

"Venu, why does Bar not protest against this", asks Baxi.
#JusticeSunandaBhandareLecture: Baxi refers to Triple Talaq judgment

"Why did court strike it down? Because of its manifest arbitrariness. And what is manifest arbitrariness - it hits Basic Structure

Thus Triple Talaq judgment is an instance of feminisation of Basic Structure
#JusticeSunandaBhandareLecture: Upendra Baxi now refers to his stance on Constitutional morality and how it conflicts with the stance of AG KK Venugopal.
#JusticeSunandaBhandareLecture:
Constitutional morality is a part of Basic Structure. It flows from Basic Structure. Overruling Constitutional morality is overruling Basic Structure, says Upendra Baxi.
#JusticeSunandaBhandareLecture: Upendra Baxi refers to #Sabarimala review judgment.

It is an astonishing judgment. It tries to defeminise Basic Structure by referring cases to 7-judge Bench. Never seen such a step in the history of Supreme Court.
#JusticeSunandaBhandareLecture

Upendra Baxi comes down heavily on #Sabarimala review judgment. The whole exercise in Sabarimala review judgment is per incuriam, says Baxi.

The new CJI should forget about the judgment in my opinion, Baxi urges.
#JusticeSunandaBhandareLecture:

#Sabarimala review judgment is a violation of all the settled rules and procedure of Supreme Court

It is a betrayal of Constitutional discipline, Upendra Baxi.
#JusticeSunandaBhandareLecture: Upendra Baxi concludes his lecture.
#JusticeSunandaBhandareLecture: Attorney General KK Venugopal once again says he is not in agreement with Constitutional morality. It is an unruly horse.
#JusticeSunandaBhandareLecture: Look at PIL judgments of SC. They legislate using it. And now with Constitutional morality, court will now use it to justify anything, says Venugopal.

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