Judiciary v/s legislature row: Parliament supreme, says VP; Constitution, counters Sibal
A day after the Supreme Court said it was being accused of intruding into the executive and legislature domains, Vice-President Jagdeep Dhankhar reiterated his position on separation of powers and said no one but Parliament was supreme.
“The Constitution does not visualise a situation where any authority is higher than Parliament,” the VP said days after he accused the apex court of acting like super Parliament even as he questioned SC’s directions to the President to decide Bills referred by Governors within three months.
While the VP further noted that constitutional positions were not ornamental, former minister Kapil Sibal countered him flagging the supremacy of the Constitution over any one of the three arms (legislature, executive and judiciary) of the overall national governance mechanism.
“The law says neither Parliament nor the executive is supreme, the Constitution is supreme. The provisions of the Constitution are interpreted by the Supreme Court. That’s how this country has understood the law so far!” Sibal said after Dhankhar again stirred the judiciary versus legislature debate on Tuesday.
Speaking at a Delhi university event, the Vice-President said, “I find it inconceivably intriguing that some have recently reflected that constitutional offices can be ceremonial or ornamental. Nothing can be far distanced from a wrong understanding of the role of everyone in this country, constitutional functionary or a citizen.”
Dhankhar added that there was no visualisation in the Constitution of any authority above Parliament.
“Parliament is supreme. It is as supreme as every individual in the country. Part of ‘We the People’ (the Preamble of the Constitution) is an atom in democracy and that atom has atomic power. That atomic power is reflected during elections and that is why we are a democratic nation,” he said at a time when the ruling BJP has had to distance itself from unsavoury remarks two of its MPs — Nishikant Dubey and Dinesh Sharma — made about the top court.
Sibal, in his response to VP’s statements today, said Parliament has the plenary power to pass laws but the Supreme Court has the obligation to interpret the Constitution and do complete justice in accordance with Article 142. This Article gives the apex court power to pass any decree necessary to secure complete justice.
Top court asks petitioner to approach Parl
The SC On Tuesday asked a petitioner to go to Parliament for a prayer related to Article 142 which grants the apex court powers to issue any order to secure complete justice — an Article the VP had red flagged in his last week’s remarks on the judiciary.
As the debate raged, the Supreme Court today dismissed a petition by civil society organisation Sbhinav Bharat demanding extension to the high courts of rights granted to the SC by Article 142. “Go to Parliament,” the SC told the petitioners saying the move would entail amendment to the Constitution.
Dhankhar, for his part, defended what he had stated about the apex court’s powers earlier and said, “If you hesitate to speak the right thing at the right time to the right group, you will not just weaken yourself but will also deeply wound positive forces.”
The soul of democracy resides in every citizen, the VP argued remembering how a PM (read late Indira Gandhi) who imposed Emergency was held accountable by the people in 1977.
“Let there be no doubt. The Constitution is for the people and they are ultimate masters of what the Constitution will be,” he said.
India