Courts can’t command the President Dhankhar lashes out at judiciary
New Delhi (The Uttam Hindu): Vice President Jagdeep Dhankhar raised serious questions on the role of the judiciary. He said that under Article 145 (3) of the Constitution, the Supreme Court has the right only to interpret the Constitution and that too by a bench of at least five judges.
Vice President Dhankhar said, "We cannot bring a situation where the President is directed. The power of the Supreme Court under the Constitution is only to interpret the Constitution under Article 145 (3)." He said that when this article was made, there were only eight judges in the Supreme Court and now there are more than 30. However, even today a bench of five judges interprets the Constitution. The Vice President asked whether this is justified. Expressing deep concern, Vice President Dhankhar said, "I never thought that the President would be directed by the court. The President is the supreme commander of the Indian army and only he takes an oath to protect, preserve and safeguard the Constitution. Then how can he be ordered to take a decision in a certain time."
He said, "Recently judges almost gave orders to the President and it was considered as law, while they forgot the power of the Constitution. Article 142 has now become a 'nuclear missile' against democratic powers, which is available with the judiciary 24 hours a day." Dhankhar also targeted former judges over the 'basic structure' doctrine. He referred to the release ceremony of a book written by a former judge, in which this doctrine was praised. He said, "In the Kesavananda Bharati case, there was a bench of 13 judges and the decision was given in the ratio of 7 to 6. This is now being described as the basis of our defense, but two years after that, Emergency was imposed in 1975. Lakhs of people were jailed and the Supreme Court said that fundamental rights will not apply during the emergency. Then what happened to this doctrine?"
He questioned why the 'basic structure' doctrine was not protected when the Supreme Court overturned the decisions of nine high courts during the Emergency. He said, "Now judges will make laws, play the role of the executive, will be above Parliament and there will be no accountability for them. Every MP and candidate has to declare their assets, but this does not apply to judges." Dhankhar also lamented that the public does not raise these questions and is fed misleading stories.
