India
oi-Ashish Rana
Former Chief Justice of India Ranjan Gogoi completed his six-year term as a nominated member of the Rajya Sabha on March 16, drawing the curtain on a closely watched parliamentary stint that often sparked debate over judicial propriety, public service, and political engagement.
Former CJI Ranjan Gogoi’s six-year nominated Rajya Sabha term ended March 16, marked by 53% attendance and limited participation, though VP Radhakrishnan commended his legal insight. His nomination post-retirement drew debate.
As several parties remained locked in electoral contests for more than three dozen Rajya Sabha seats falling vacant, Gogoi’s exit marked another notable moment in the Upper House on Monday.
Vice President CP Radhakrishnan Pays Tribute In House
Vice President of India and Rajya Sabha Chairman CP Radhakrishnan delivered a farewell message for Gogoi in the House, praising his legal insight and contributions to parliamentary discussions.
“As a distinguished jurist, he brought unparalleled legal acumen and experience to the deliberations of the Rajya Sabha. His intervention in the Rajya Sabha reflected his deep understanding of legislative process and public interest. The House will certainly miss his wise counsel, measured intervention, and the gravitas he brought to our discussion,” CP Radhakrishnan said.
The chairperson also added, “I wish that he will continue to contribute to the nation in different capacities with the same dedication, integrity, and spirit of service that he has exemplified throughout his illustrious career.”
However, Rajya Sabha records showed that Gogoi was absent on his final day, with the attendance register not signed as of Monday evening, according to the Digital Sansad portal.
Attendance, Participation And Parliamentary Record Under Scrutiny
Gogoi’s overall attendance during his six-year tenure stood at 53%, significantly lower than the average attendance of 80% for all Rajya Sabha members.
Parliamentary records also showed that during his term, he asked no questions, introduced no private member’s bills, and spoke in only one debate in the House.
Up to 2021, roughly the first year of his tenure, his attendance had remained around 10%. Responding to criticism in an NDTV interview at the time, Gogoi had said he had informed the chairperson that “because of Covid (pandemic), on medical advice, I am not attending the session”.
He had also underlined his independence as a nominated member, saying: “I go there at my choice, and I come out at my choice.”
More recently, speaking to ThePrint about his limited interventions in Parliament, Gogoi said, “It is because of the House having witnessed disruptions for one reason or the other. It is only of late that the question hour and the zero hour in the Rajya Sabha is being held in a meaningful manner.”
Explaining why he did not raise questions in the House, he added that he did not do so for appearance’s sake “because I’m not a professional politician who needs to make a mark for a rise in career politics”.
Nomination After Retirement Had Triggered Debate
Gogoi was nominated to the Rajya Sabha just six months after retiring as Chief Justice of India, after serving 13 months as the country’s top judge. He had retired following a distinguished judicial career that included presiding over major cases such as the Ayodhya Ram Mandir land dispute.
His nomination made him the first former Chief Justice of India to enter the Rajya Sabha as a nominated member, prompting questions in some quarters about the propriety of such a move so soon after retirement.
Responding to those concerns at the time, Gogoi had said he accepted the nomination because the legislature and the judiciary needed to “meet at one point of time”.
During his tenure in Parliament, the House debated or passed several major pieces of legislation, including the later-revoked farm laws, the new criminal codes, laws related to waqf, and the women’s reservation legislation.
His Only Speech Focused On Delhi Governance Bill
The only debate Gogoi participated in during his Rajya Sabha term was on the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which dealt with the federal structure of governance and the distribution of powers in the National Capital Territory.
He strongly backed the bill in the House, stating: “The bill is perfectly valid. The position in my perception is this – the State legislature makes laws for the States, the Parliament makes laws for the union territories. For NCT of Delhi, the legislature makes laws on state subjects except three. By virtue of (Article) 239AA(3)(b), Parliament has the power to frame laws beyond these three. That is exactly what the Bill is seeking to do. Therefore there is no question of overreaching.”
The legislation came at a time when tensions were at their peak between the elected AAP government in Delhi and the lieutenant governor, particularly over control of the bureaucracy.
The backdrop to that confrontation lay in earlier Supreme Court rulings. In 2018, the apex court had held that land, police, and public order remained under the Centre, while other departments were under the elected Delhi government. In May 2023, the court reaffirmed that position. Just eight days later, the Union government introduced the bill that effectively overrode the ruling by shifting powers over bureaucracy to the Centre and the lieutenant governor.
In the same speech, Gogoi also cast doubt on the constitutional doctrine of basic structure, saying: “I have to say something about the basic feature. There is a book by Mr TM Andhyarujina, former Solicitor General of India, on the Kesavananda Bharti case. Having read the book, my view is that the doctrine of the basic structure of the Constitution has a debatable, a very debatable jurisprudential basis… I would not say anything more,” he said.
Gogoi Says He Contributed Beyond Floor Speeches
Defending his contribution as a parliamentarian, Gogoi said his work in the Rajya Sabha extended beyond speaking in the House.
He said he contributed as an MP by “addressing foreign delegations, heads of mission, law enforcing agencies on varied topics starting with the evolution of the constitution, its detailed provisions, its actual working, the role of the judiciary and the legislature under the constitution”.
Apart from his limited floor participation, Gogoi remained a member of the parliamentary committee on personnel, public grievances, law and justice throughout his Rajya Sabha tenure.
With his term now over, his parliamentary record is likely to continue drawing mixed reactions, with supporters pointing to his legal expertise and critics highlighting his sparse participation. Even so, his exit from the Upper House closes an unusual chapter in Indian public life, one that saw a former Chief Justice move from the Supreme Court to the legislature in a way that few before him had.
