New Delhi: Vice President Jagdeep Dhankhar on Thursday questioned the unlimited independence of the judiciary and said that no power can give any direction to the President of India on any grounds.
Addressing the probationers of the 6th batch of Rajya Sabha at the Vice President’s residence, Dhankhar said that such a situation cannot be created in the country where one can give instructions to the President.
The role of the judiciary is advisory. “Consultation is not consent; consultation is only consultation,” said Dhankhar.
The Vice President’s statement assumes significance in the wake of a recent Supreme Court ruling that the President has to decide on bills sent for consideration within a maximum of three months.
Dhankhar said that the post of the President of India is supreme. The President takes an oath to protect, preserve, and defend the Constitution. The oath is taken only by the President and the governors appointed by him. Everybody – Prime Minister, Vice President, Ministers, MPs, Judges – all of them take an oath to abide by the Constitution, he said.
He said the country is moving towards a crisis. “For this, everyone has to be very sensitive. It is not a question of someone filing a review or not. We have not taken an oath for this day. The President is being asked to take decisions in a time-bound manner,” Dhankhar said that one day, judges would make laws, perform the executive’s functions, work as a “super parliament”, and there will be no accountability at all because laws of the land do not apply to them.
On the legislative system, he said that in any election to the Assembly or Parliament, every candidate has to declare assets. But it is not mandatory for the judges.
“We cannot have a situation where the President of India is directed. He said the judiciary has only one authority under the Constitution, and that is to interpret the Constitution under Article 145(3),” he said. “When Article 145(3) was made, the number of judges in the Supreme Court was eight, and five of them had to decide, but now the number of judges in the court is 30.”
Dhankhar said, “The judges who have issued an order to the President and presented a scenario, it will be the law of the land. The judiciary has forgotten the power of the Constitution.”
He said Article 145(3) needs to be amended. (Decisions by) five out of eight judges would mean that the interpretation would be by a majority. “Article 142 has become a nuclear missile against democratic forces, which is available to the judiciary 24×7.”
UNI
