A few days after warning against judicial overreach, Vice President Jagdeep Dhankhar Tuesday emphasised that Parliament is supreme, and elected representatives are the final arbiters of the Constitution.
Addressing a gathering at an event called ‘Kartavyam’ in Delhi University, marking 75 years of the Constitution, Dhankhar said, “There is no visualisation in Constitution of any authority above Parliament… elected representatives… They are the ultimate masters as to what (the) Constitution content will be.”
He referred to Indira Gandhi’s imposition of the Emergency in 1975 and her electoral defeat in 1977 to underscore how elected representatives are most accountable to the public.
“A prime minister who imposed Emergency was held accountable in 1977,” said Dhankhar.
Dhankhar’s remarks come at a time of heightened tension between the judiciary and executive, particularly following an April 8 Supreme Court ruling that directed the President to act on Bills referred by Governors within a three-month window. The order came in a case concerning Tamil Nadu Governor R N Ravi’s delay in granting assent to ten state legislature Bills. The apex court held that Governors cannot exercise a ‘pocket veto’ and must act within a reasonable time.
Dhankhar criticised this verdict last week saying India cannot have a situation where the judiciary directs the President. He had warned against a scenario where the judiciary acts as a “super Parliament” and said, “So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them.”
A day before his DU address, the Supreme Court itself appeared aware of the institutional friction. While hearing a petition seeking President’s rule in violence-hit West Bengal, Justice B R Gavai remarked, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into the executive domain.”
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At the university, Dhankhar also criticised the judiciary’s doctrinal inconsistencies, pointing to two historic verdicts: “In one case, the Supreme Court says the Preamble is not a part of the Constitution (Golaknath case) and in another case, it says it is part of the Constitution (Kesavananda Bharati).”
“Our silence might be very dangerous. Thinking minds have to be contributors to preserving our legacy. We cannot allow to run down institutions or tarnishing individuals,” he said.
“Every word by the constitutional authority is guided by the Constitution.” Dhankar added.
He also condemned violent protests and disruptions in the name of democracy, saying, “How can our democracy tolerate disruption? Public property being burnt. Public order disrupted. We must neutralise these forces — first by counselling, and even if a bitter pill is required.”
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