"Judiciary cannot become legislature or executive," says Vice President Jagdeep Dhankar
Dec 03, 2022
New Delhi [India], December 3 : Vice President Jagdeep Dhankhar on Friday said that the judiciary cannot become the legislature or executive as any incursion by one organ into the domain of the other can upset the apple cart of governance.
"Our judiciary being one of the critical institutions of governance cannot be the executive or legislature. The doctrine of separation of power is fundamental to our governance. Any incursion, howsoever subtle, in the domain of the other by one has the capacity or potential to unsettle the apple cart of governance," Dhankar said while speaking at the 8th LM Singhvi memorial lecture.
He said that the power resides in the phrase "We the people" mentioned in the preamble of our constitution.
"It is indicated in the preamble of our constitution - we the people. That means the power resides in the people - their mandate, their wisdom. Indian parliament reflects the minds of the people," Dhankar said, adding, "In the year 2015-16, the Parliament was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously. There was no abstention and no dissention. And the amendment was passed. In Rajya Sabha it was unanimous, there was one abstention. We the people - their ordainment was converted into a constitutional provision."
Dhankar further said that I expect everyone to rise to the occasion and to be part of the growth story that is India.
"I appeal to the people here - they constitute the judicial elite class, thinking minds, intellectuals, please find out a parallel in the world where a constitutional provision can be undone. I appeal to everyone that these are the issues that must not be viewed on partisan lines. I expect everyone to rise to the occasion and to be part of the growth story that is India," he said.
Supreme Court and high court judges were also present there at the occasion.
Terming the Indian democracy as "vibrant", Vice President said, "We are the world's most vibrant democracy that is representative to an ideal level. We started with the Constituent Assembly in which members were enormously talented from all sections of society. But progressively with each election our parliament reflects authentically the mandate of people ...wisdom of the people. And now what we have in the parliament is fairly representative. at a global level we do not have a parallel on that count."
Our Indian constitution provides in explicit terms Art 145 (3). Interpretation of the constitution when a substantial question of law is involved can be done by the court. Nowhere it says that a provision can be run down.
Addressing the occasion, he asked what will happen if a constitutional provision that carries the ordainment of people at large in such a vibrant democracy, is undone?
"After 9/11, US had passed the Patriot Act. Not with this majority. And it was taken as. That is why primacy of national interest prevails. Imagine if 73rd and 74th amendments were to be undone. What will happen?" he said reiterating the importance of the Indian Constitution.
