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Referring to the judgment that prescribed a time-bound framework for the President to act on bills reserved by Governors, the Vice President said, “We never bargained for this,” and warned of a dangerous trend where judges begin to “legislate, perform executive functions, act as super Parliament, and have absolutely no accountability"
In a sharp critique of judicial overreach, Vice President of India and Rajya Sabha Chairman Jagdeep Dhankhar on Thursday questioned a recent Supreme Court judgment that issued a directive to the President of India, warning that such moves could disturb the constitutional balance among the three pillars of democracy.
Speaking at the valedictory function of the 6th Rajya Sabha Internship Programme, Dhankhar called the President’s office “an elevated position” that stands apart in the constitutional scheme, noting that only the President and Governors take an oath to "preserve, protect and defend" the Constitution.
“In a recent judgement, a directive was issued to the President. Where are we heading? What is happening in the country?” Dhankhar said, adding, “We never bargained for this.”
The Vice President expressed concern over what he described as judges increasingly assuming roles meant for the executive and legislature. “So we have judges who will legislate, perform executive functions, act as super Parliament, and have absolutely no accountability, because the law of the land does not apply to them,” he remarked.
Emphasising the need for constitutional institutions to respect their boundaries, Dhankhar said, “Judgement writing and adjudication is the sole prerogative of the judiciary, just as legislation is that of the Parliament. But increasingly, we are seeing executive governance being carried out through judicial orders.”
Drawing attention to the principle of democratic accountability, he said elected governments are answerable to the people through Parliament and elections. “But if this executive governance is by judiciary, how do you ask questions? Whom do you hold accountable in elections?” he asked.
The Vice President also pointed to a lack of transparency within the judiciary, noting, “Every Parliamentarian and every candidate is required to declare assets. They just don’t do it. Some do, some don’t.”
He concluded by urging the three constitutional wings—Legislature, Executive, and Judiciary—to “blossom in their own domain,” warning that any incursion by one into the other’s domain could upset the institutional balance. “The relationship must be wholesome, soothing, one of deep understanding and coordination, not show of authority,” he said.
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