Judiciary cannot direct President, act as 'super Parliament': Dhankhar

Vice-president and Rajya Sabha chairman on Thursday, 17 April questioned the judiciary setting a timeline for the President to take decisions and act as a “super Parliament”, saying the Supreme Court cannot fire a “nuclear missile” at democratic forces.

Dhankhar's strong words to the judiciary came during his speech to Rajya Sabha interns, days after the Supreme Court sought to for the President to grant assent to Bills reserved for her consideration by any state governor.

“So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them,” Dhankhar said.

The vice-president also described Article 142, which grants plenary powers to the Supreme Court, as a “nuclear missile against democratic forces available to the judiciary 24x7”.

“Article 142 has become a nuclear missile against democratic forces (and) available to (the) judiciary 24x7,” he said.

Article 142 of the Constitution gives the Supreme Court the power to issue orders that ensure “complete justice” in any matter before it. This power is also known as the Supreme Court's “plenary power”.

“There is a directive to the President by a recent judgment. Where are we heading? “What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law,” Dhankhar said.

The vice-president said his worries were at the “very highest level” and he had never thought in “my life” that he would have occasion to see (such things).

He reminded the audience that the President of India is in a very elevated position. “(The) President takes an oath to preserve, protect and defend the Constitution. Others, including ministers, the vice-president, parliamentarians and judges take an oath to abide by the Constitution,” Dhankhar said.

“We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more...,” he said.

Stressing the principle of separation of powers, he underlined that when the government is elected by the people, the government is accountable to Parliament and to the people in the elections.

“There is a principle of accountability in operation. In Parliament, you can ask questions... But if this executive governance is by the judiciary, how do you ask questions? Whom do you hold accountable in elections?

“Time has come when our three institutions — legislature, judiciary and executive — must blossom... Any incursion by one in the domain of the other poses a challenge, ….” Dhankhar said.