New Delhi:
Vice President Jagdeep Dhankhar has again questioned the remit of the Supreme Court within the framework of the government as laid out in the Constitution, declaring the “Parliament (i.e., the Legislative) is supreme” and that “elected representatives (i.e., the Members of Parliament) are the ‘ultimate masters’ of what the Constitution will be… there cannot be any authority above them”.
Mr Dhankhar, at a Delhi University event Tuesday morning, also hit back at criticism of earlier attacks, declaring “every word spoken by a constitutional functionary is guided by supreme national interest”.
The unseemly public attacks on the Supreme Court included criticism for contradictory statements, in two separate landmark verdicts, about the Preamble of the Constitution – the 1967 IC Golaknath case and the 1973 Kesavananda Bharati case. Mr Dhankhar also questioning the court’s role during the Emergency imposed by ex-Prime Minister Indira Gandhi in 1975.
“In one case, the Supreme Court says the Preamble is not part of the Constitution… in another it says it is… but let there be no doubt about the Constitution. Elected representatives will be ultimate masters of what the Constitution will be. There cannot be any authority above them…”
The Supreme Court, he said, had also overturned verdicts by nine High Courts on the imposition of Emergency, which he called “the darkest phase in democratic history”, and the suspension of fundamental rights. “I say ‘darkest’ because the highest court in the land ignored the verdict of nine High Courts… that democracy’s fundamental rights could never be put on hold…”
“But that (the suspension of those rights) was done. It was held by the Supreme Court… as the sole arbiter of fundamental rights. It can suspend for as much time as it likes…” he said.
“But a Prime Minister who imposed Emergency (referring to Mrs Gandhi) was held accountable in 1977 (the Congress, then in power, lost the general election). Therefore, let there be no doubt about it – the Constitution is for the people and it is a ‘repository’ of safeguarding it…” Mr Dhankhar declared.
‘… Nuclear Missile Against Democracy’
Today’s comments by Mr Dhankhar, also the Chairperson of the Rajya Sabha, Parliament’s Upper House, follow the row he triggered by referring to Article 142 of the Constitution, which gives the Supreme Court special powers to pass orders that are enforceable across the country and are “necessary for doing complete justice in any cause or matter pending before it”.
READ | “Nuclear Missile Against…”: Vice-President’s All-Out Attack On Top Court
Days after a landmark Supreme Court judgement that set deadlines for the President and state Governors to clear bills passed by state Assemblies, Mr Dhankhar had complained Article 142 “has become a nuclear missile against democratic forces, available to the judiciary 24×7”.
‘No Need For Comment’
The Vice President’s comments were batted away by Congress leader and lawyer Abhishek Singhvi, who frequently argues in the Supreme Court. Mr Singhvi said there was no need for Mr Dhankhar, as the holder of the second-highest constitutional post, to say what he did.
READ | Abhishek Singhvi On “Venerable Article 142” And Veep’s Comments
“The President of India does not comment on such things and on this issue, there is no difference between the President and the Vice President. Previous incumbents of the office have not commented on such issues and there is no reason to start this process,” he said.
He also supported the court’s exercise of powers under Article 142 for “complete justice”.
Nishikant Dubey’s Remarks On Top Court
Mr Dhankhar’s strong comments against the Supreme Court also follow similar remarks by members of the ruling Bharatiya Janata Party, including Lok Sabha MP Nishikant Dubey.
Pointing to the verdict about state Governors being set deadlines to clear bills – which the Supreme Court delivered by exercising powers under Article 142 – BJP leaders like Mr Dubey and Dinesh Sharma, have accused the top court of judicial overreach.
READ | “Should Shut Parliament If…”: BJP MP’s Big Supreme Court Remark
“The Supreme Court is going beyond its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut,” Mr Dubey had said.
On paper the BJP swiftly distanced itself from the remarks, calling them “personal statements” by the MPs concerned and stating that the party “completely rejects” such comments.
But, in response to his comments, the Attorney General of India has been asked to sanction criminal contempt of court proceedings against Nishikant Dubey, specifically for his comment that the Supreme Court is “taking the country towards anarchy” and holding Chief Justice Sanjiv Khanna, who steps down next month, responsible for the “wars taking place in the country”.
What Supreme Court Said
Justice Surya Kant, while hearing a contempt of court case from Karnataka about a newspaper report, expressed confidence in the strength of the judiciary. “We are not worried about the institution part, the institution comes under attack everyday!” he declared.
And, on Monday, the court had a wry (and indirect) response to the allegations of judicial overreach.
READ | “As It Is, We’re…”: Next Chief Justice Reacts To Attacks On Judiciary
Hearing a plea to direct the centre to deploy paramilitary forces in Bengal, to quell anti-Waqf Bill violence, Justice BR Gavai, who will be the next Chief Justice, remarked, “You want us to issue Writ of Mandamus to the President… As it is, we are facing allegations of encroaching into Executive…”
READ | “No Judicial Overreach”: Ex-Top Court Judge On Dhankhar’s Remarks
And, amid the debate, ex-Supreme Court justice Ajay Rastogi dismissed talk of ‘judicial overreach’, pointing out Parliament had the power to amend provisions in the event of disagreement with the court.
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