VP Dhankhar's All-Out Attack On Top Court

Vice President Jagdeep Dhankhar on Thursday made strong-worded remarks on the powers of the Supreme Court, stating that there cannot be a situation in a democracy where the courts direct the President. His remarks came days after the Supreme Court, in a landmark judgment, set a deadline for the President and the Governors to give assent to legislation. 

Dhankhar said that Article 142 of the Constitution, which gives the Supreme Court special powers, "has become a nuclear missile against democratic forces, available to the judiciary 24x7".

Addressing the 6th batch of Rajya Sabha interns, Dhankhar said the President of India is in a very elevated position and takes the oath to preserve, protect and defend the Constitution. "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 whether someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law. 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," he said.

"We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There, it has to be five judges or more... Article 142, Article 142 has become a nuclear missile against Democratic forces, available to judiciary 24 x 7", he said about the provision granting special powers to the Supreme Court.

Vice President also spoke at a stretch about the massive cash haul from the residence of Delhi High Court judge Yashwant Varma, slamming the judiciary’s response to the controversy. "An event happened on the night of 14th and 15th of March in New Delhi, at the residence of a judge. For seven days, no one knew about it. We have to ask questions to ourselves. Is the delay explainable? Condonable? Does it not raise certain fundamental questions? In any ordinary situation, and ordinary situations define the rule of law - things would have been different. It was only on 21st March, disclosed by a newspaper, that people of the country were shocked as never before. “Now the nation waits with bated breath. The nation is restive because one of our institutions, to which people have looked up always with the highest respect and deference, was put in the dock," he said.

Dhankhar said no FIR had been filed against the judge after the cash haul. "An FIR in this country can be registered against anyone, any Constitutional functionary, including the one before you. One has only to activate the rule of law. No permission is required. But if it is Judges, their category, FIR cannot be straightaway registered. It has to be approved by the concerned in the Judiciary, but that is not given in the Constitution," he said.

"The Constitution of India has accorded immunity from prosecution only to the Honourable President and the Honourable Governors. So how come a category beyond the law has secured this immunity? Because the ill effects of this are being felt in the minds 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 an electronic rocket. Now it is not even a cattle cart," said Dhankhar, a senior lawyer who has practised in the Rajasthan High Court and the Supreme Court.  

He said any investigation is the domain of the Executive and questioned why a committee of three judges was examining the cash haul case. "Is this committee of three judges having any sanction under any law emanating from parliament? No. And what can the committee do? The committee can at the most make a recommendation. Recommendation to whom? And for what? The kind of mechanism we have for judges, the only action finally that can be taken is by the Parliament. When proceedings of removal are initiated, a month has passed, more than that, and investigation requires speed, expedition, and preservation of incriminating material. As a citizen of the country and holding position which I do, I am concerned. Are we not diluting the rule of law?" he asked.