"Disqualified from Constitutional posts": PIL in Bombay HC seeks restraining law minister and Vice President from discharging duties

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Synopsis

The Public Interest Litigation states that both the constitutional functionaries have unleashed a frontal attack on the judiciary due to which they have deposed to have no faith in the Constitution of India

A Public Interest Litigation has been filed in the Bombay High Court by the Bombay Lawyers Association through its Chairman against Vice President Jagdeep Dhankar and Union Law Minister Kiren Rijiju for their remarks against the Judiciary and Collegium System.

The plea states both the Vice President and the Law Minister have "launched a frontal attack on the institution of the judiciary particularly Supreme Court in most insulting and derogatory language without using any recourse which is available under the constitutional scheme to change the status quo as per the law laid down by the Supreme Court". 

The PIL further states that the Law Minister and the Vice President are attacking the "collegium system" as well as the "doctrine of basic structure" openly on a public platform. 

The plea states that despite the attack on the Constitution and Judiciary by the Law Minister and Vice President no action was taken against them. The plea reads, 

"The Petitioner states that the above conduct of the Respondent No. 1 & 2 is nothing limited to attack on judiciary but frontal attack on the Constitution of India. Despite all these derogatory statements towards the judiciary and the Constitution of India, no action against the Respondent No. 1 & 2 has been taken by any constitutional authority."

The PIL seeks a declaration from the court that the Law Minister and Vice President have disqualified themselves from holding the constitutional post by expressing lack of faith in the Constitution of India. 

The plea has prayed before the court to restrain the Vice President and the Law Minister from discharging their duties.

Case Title: Bombay Lawyer Association vs Jagdeep Dhankar & Ors 

Statue: Constitution of India 1950