Judiciary cannot act as ‘super Parliament’: V-P

 

 

 

VICE President Jagdeep Dhankhar on Thursday questioned the judiciary setting a timeline for the President to take decisions and act as a “super Parliament”, saying the Supreme Court cannot fire a “nuclear missile” at democratic forces. Dhankhar’s strong words to the judiciary came during his speech to Rajya Sabha interns, days after the Supreme Court sought to fix a timeline for the President to grant assent to the bills reserved for her consideration by the Governor. “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,” Dhankhar said. The Vice President also described Article 142, which grants plenary powers to the Supreme Court, as a “nuclear missile against democratic forces available to the judiciary 24x7”.

 

“Article 142 has become a nuclear missile against democratic forces (and) available to (the) judiciary 24x7,” he said. Article 142 of the ConstitutiongivestheSupreme Courtthe power to issue orders that ensure “complete justice” in any matter before it. This power is also known as the Supreme Court’s “plenary power”. “There is a directive to the President by a recent judgment. Where are we heading? The Vice President said his worries were at a “very highest level”andhehadneverthought in“my life” that he would have the occasion to see it. “(The) President takes an oath to preserve, protect and defend the Constitution. Others,includingministers,the vice president, parliamentarians and judges take an oath to abide by the Constitution,” Dhankhar said.

 

“We cannot have a situation where you directthe president of India and on what basis? The only right you have under theConstitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more...,” he said. “There is a principle of accountability inoperation.In Parliament, you can ask questions...Butifthisexecutivegovernanceisbythejudiciary,how do you ask questions? Whom do you hold accountable in elections? “Time has come when our threeinstitutions--legislature, judiciaryandexecutive--must blossom... Any incursion by one in the domain of the other poses a challenge, which is not good….” Dhankhar said