VP Dhankhar’s salvo at Supreme Court

New Delhi: In his address to the 6th batch of Rajya Sabha interns Vice-President Jagdeep Dhankhar made some blistering remarks on the judiciary.

Taking strong objection to the Supreme Court (SC) recently prescribing a timeline for the President to decide on Bills, Vice-President (VP) Jagdeep Dhankhar yesterday said, “India did not bargain for a democracy where judges would legislate, perform executive functions and act as a “super Parliament.”

The Vice-President said,  “Article 142 of the Constitution, which gives special powers to the Apex Court, has become a nuclear missile against democratic forces, available to the judiciary 24×7.”

He was referring to the SC  invoking  its powers under Article 142 while hearing a plea against the Tamil Nadu Governor withholding assent to the Bills passed by the Assembly. Apart from laying down deadlines for the Governor, the Court had also set timelines for the President’s decisions on referred Bills.

“There is a directive to the President by a recent judgment. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this,” Dhankhar 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 law of the land does not apply to them,” Dhankhar added.

Raising the issue of discovery of burnt cash at the residence of a Delhi HC Judge, Dhankhar said it is time for “the lid of the can of worms to go.” The Vice-President then added, “It is now over a month. Even if it is a can of worms, even if there are skeletons in the cupboard, (it is) time to blow up the can. Time for its lid to go out. And time for the cupboard to collapse. Let the worms and skeletons be in the public domain so that cleansing takes place.”

Dhankhar said it is the law of the land that every cognizable offence is required to be reported to the Police, an FIR can be registered against anyone. No permission is required.

“But if it is Judges, FIR cannot be straight away registered. It has to be approved by the concerned judiciary but that is not given in the Constitution. The Constitution of India has accorded immunity from prosecution only to the Honourable President and the Honourable Governors. So how come a category beyond law has secured this immunity? Because the ill effects of this are being felt in the mind of one and all. Every Indian, young and old, is deeply concerned. If the event had taken place at his house, the speed would have been like an electric rocket. Now it is not even a cattle cart,” he said.

Article 142 of Indian Constitution

Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. — (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself. — From ‘The Constitution of India,’ an imprint of Prakash Books India Pvt. Ltd. (Reprint 2024)