NEW DELHI: In his first speech as chairman of the Rajya Sabha, Vice President Jagdeep Dhankar on Wednesday took on the Supreme Court, describing its 2015 verdict that struck down the National Judicial Appointment Commission (NJAC) bill as a glaring instance of severe compromise of parliamentary sovereignty and disregard of people’s mandate.
Dhankar said there is no parallel in democratic history where a legitimate Constitutional prescription was judicially undone. He underscored Parliament’s position as the exclusive and the ultimate determinative of the architecture of the Constitution.
“Hon’ble members, there is no parallel to such a development in democratic history where a duly legitimised Constitutional prescription has been judicially undone. It’s a glaring instance of severe compromise of Parliamentary sovereignty,” the V-P said.
He pointed out that the NJAC bill had received unprecedented bipartisan support but was quashed on the ground that it was not in sync with the basic structure of the Constitution. Calling Parliament the custodian of the “ordainment of the people”, Dhankar also said it was duty bound to address the issue and expressed confidence that it would do so.
Democracy blossoms and flourishes when its three facets the legislature, the judiciary and the executive scrupulously adhere to their respective domains, Dhankhar said, adding that the doctrine of separation of powers must be respected. “Any incursion by one institution in the domain of the other has the potential to upset the governance apple cart,” he said.
Last week, speaking at an event in the presence of Chief Justice of India D Y Chandrachud, Dhankar had said the power of the people reflected through the most certified mechanism on a legitimised platform, was undone.