JAIPUR: In one of his strongest remarks against the judiciary, Vice President Jagdeep Dhankhar on Wednesday slammed the “one-upmanship and public posturing” of judges. Speaking at the 83rd All India Presiding Officers Conference, Dhankar expressed displeasure over the alleged excessive court intervention in legislative matters.
Referring to the Kesavananda Bharti case, Dhankar said a wrong tradition started in 1973 when Supreme Court said Parliament can amend the Constitution but not its basic structure. “I want to say with respect to the court that I do not agree with this. The House can make changes. This House should tell whether it can be done. Can Parliament allow a review of its decision by some other institution?” he asked.
Dhankhar added, “When I took charge as the Chairman of the Rajya Sabha, I had said that neither the executive can see the law, nor the court can interfere. If any institution invalidates a law made by Parliament on any ground, then it will not be good for democracy. It would be difficult to say that we are a democratic country.”
He further said, “The Judicial Accountability Act was passed unanimously in 2015. It was struck down by the Supreme Court on 16 October 2015. This has not happened anywhere in the world. How can the sovereignty of Parliament be compromised in the face of the decision of the Supreme Court?”
Echoing the views, Lok Sabha Speaker Om Birla who spoke in the event, said the judiciary is expected to follow the principle of separation of powers as defined in the Constitution.