Judicial appointments: The government and the judiciary seem to be headed on a collision course with the Vice President Jagdeep Dhankhar taking up cudgels on behalf of the legislature. He hit back at the apex court for overturning parliamentary amendments to the Constitution. Dhankar said there was “no whisper” in Parliament after the Supreme Court struck down the National Judicial Appointments Commission Act and described it as “too serious an issue”. The Vice President said a law passed by Parliament, which reflects the will of the people, was “undone” by the Supreme Court and “the world does not know of any such instance”.
Dhankar was referring to the Supreme Court’s 4-1 majority verdict in 2015. It held as ‘unconstitutional’ the 99th Constitution Amendment Act, 2014, which formed a National Judicial Appointments Commission for appointment of judges in SC and HCs saying it would undermine the independence of judiciary.
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Courts can look into issues
The Vice President cited provisions of the Constitution and said when a substantive question of law is involved, the issue can be looked into by the courts. “Nowhere it says a provision can be run down,” Vice President Dhankhar said in the presence of Chief Justice of India DY Chandrachud.
The Vice President was addressing the LM Singhvi memorial lecture in Delhi, where he underlined that the Preamble of the Constitution mentions “We the people” and Parliament reflects the will of the people.
Referring to the NJAC Act, Dhankhar said in 2015-16, Parliament was dealing with a constitutional amendment Act and as a matter of record the entire Lok Sabha voted unanimously.
“India in 2015-16 was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously and there was no abstention in Lok Sabha and that amendment act was passed. In Rajya Sabha, there was no opposition. We the people their ordainment came to be reflected through the most sanctified mechanisms through the applicable mechanisms. That power was undone. The world does not know of any such instance. I appeal to all judicial minds please think of a parallel in the world where a constitutional provision can be undone,” the vice president stated.
Power resides in ‘We the People’
“Power resides in ‘We the People’ – their mandate, their wisdom… If a constitutional provision that carries the ordainment of the people at large in such a vibrant democracy is undone, what will happen?” he further stated.
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The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and high court judges, was struck down by the Supreme Court which described it as unconstitutional. “I appeal to the people here, they constitute a judicial elite class, thinking minds, intellectuals – please find out a parallel in the world where a constitutional provision can be undone,” he said.
The Vice President had expressed similar sentiments at a Constitution Day event in Delhi on November 26. He said he was “startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue”.
Referring to the doctrine of basic structure developed by the Supreme Court, he said “we have taken it as such”. “But as a modest student of law, can parliamentary sovereignty ever be compromised … can a successive Parliament be bound by what has been done by earlier Parliament,” he said.
He said harmonious working of the Executive, the Legislature and the Judiciary is vital for the growth of democracy. “Any incursion, howsoever subtle, in the domain of one by another has the capacity to unsettle the apple cart of governance,” the Vice President said.
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