New Delhi:
A series of sharp comments by Vice President Jagdeep Dhikar about the judiciary has inspired the equally fast response of senior advocate and Rajya Sabha MP, Kapil Sibal.
Last week, for the first time, the Supreme Court ordered that the President should receive that reference from that date within a period of three months to decide on bills reserved by the Governor.
Mr. Dhankhar claimed that the judiciary was eliminating its limit by implementing Article 142 – a provision that gives the Supreme Court the right to issue the necessary orders to do “complete justice” in any case. The Vice President described Article 142 as a “nuclear missile against the democratic forces available for the judiciary 24×7”.
“We may not have a situation where you direct the President of India and on what basis? Under the Constitution you have the only right to explain the constitution under Article 145 (3). There, it should be five judges or more … Article 142, Article 142 has become a nuclear missile against democratic forces, the judiciary is available for 24 x 7.”
Mr. Sibal recalled the Supreme Court’s decision of the 1975, in which the election of the then Prime Minister Indira Gandhi was rejected. “People will remember that when the Supreme Court verdict came about Indira Gandhi’s election, only one judge – Justice Krishna Iyer – gave the decision, and he was ignored,” he said. “It was acceptable for Dhankhar ji, but now two-judges bench is being questioned against the government?”
Mr. Sibal also expressed his disappointment over the public criticism of the Vice President of the authority of the Supreme Court. “I was sad and surprised to see Jagdeep Dhankhar’s statement,” he said. “If there is an institution that takes command of people’s faith across the country, it is a judiciary. The President is only one title. The President works on the rights and advice of the cabinet. The President has no personal right of its own. Jagdeep Dhikar should know this.”
Mr. Dhankhar criticized the judiciary for allegedly handling the roles of legislature and executive, claiming that some judges were working as “Super Parliament”. Regarding a decision of the Supreme Court in particular, Mr. Dhankhar directed the President from time to time in the court about the ban with the consent of ten bills by the Governor of Tamil Nadu.
“The President is being called from time to time to take decisions, and if not, it becomes a law. So we have judges who will make laws, who will do executive work, who will act as super parliament, and there is no accountability at all because the land law does not apply to them,” he said.
In response, Kapil Sibal, in response, accused the vice -president of reducing both judicial freedom and constitutional literacy.
“It should be known for Dhankar ji (Vice President), he asks how the powers of the President can be stopped, but who is curbing the powers? I say that a minister should go to the governor and be for two years, so they can raise issues that are of public importance, will the governor be able to ignore them?” Mr. Sibal said.