New Delhi: In a strongly worded critique, Vice-President Jagdeep Dhankhar launched a scathing attack on the judiciary, particularly targeting the Supreme Court’s recent ruling on Presidential and gubernatorial assent to legislative bills. Addressing Rajya Sabha interns, Dhankhar expressed deep concern over what he called the judiciary’s increasing overreach and diminishing respect for constitutional boundaries.
Vice-President Slams Judicial Overreach
Referring to the Supreme Court’s verdict that effectively mandates a three-month deadline for the President and Governors to act on bills passed by the legislature for the second time, Dhankhar said it was inappropriate for courts to issue directives to the President of India.
“The President holds an exalted constitutional office, sworn to preserve, protect, and defend the Constitution. We cannot have a system where courts start directing the President,” he asserted.
He expressed alarm over the judiciary’s invocation of Article 142 — a constitutional provision granting special powers to the Supreme Court — calling it a “nuclear missile against democratic forces, accessible 24×7.”
Concerns Over Delay in Probe Against Judge
The Vice-President also brought attention to the recent discovery of unaccounted cash at the residence of Delhi High Court judge Yashwant Varma, questioning the delay in the investigation. “This incident occurred on the night of March 14-15, but no public disclosure happened until March 21 through media reports. In any ordinary case, law enforcement would have acted swiftly,” he said.
He questioned why no FIR had been filed despite the apparent evidence. “FIRs can be registered against any citizen or constitutional functionary. But in the case of judges, an extra layer of judicial approval exists — something not stated in the Constitution.”
Dhankhar stressed that only the President and Governors enjoy constitutional immunity from prosecution and asked why judges appeared to be beyond the reach of law. “If this had happened at a common citizen’s house, action would have been lightning-fast. But in this case, it’s slower than a bullock cart,” he remarked.
Questions Over Judiciary-Led Probe
Dhankhar raised questions about the Supreme Court setting up a committee of three judges to look into the cash seizure. “Does this committee have any legal standing in parliamentary law? It can only make recommendations — to whom and for what? The only authority empowered to act against a judge is Parliament through the process of impeachment,” he stated.
He warned that delay in action could compromise evidence and public trust. “If there are skeletons in the cupboard or worms in the can, it’s time for the lid to blow off. Let everything come out in the open. The nation is watching.”
Backdrop: Supreme Court Verdict on Governor’s Assent
Dhankhar’s comments come shortly after a Supreme Court judgment ruled that Tamil Nadu Governor RN Ravi’s prolonged delay and refusal to assent to 10 bills was both “illegal” and “arbitrary.” The court asserted that Presidents and Governors must act on re-passed bills within a reasonable time, failing which the bills would automatically become law.
The ruling also emphasized that constitutional queries should be referred to the Supreme Court, not unilaterally decided by the Executive. It reaffirmed the judiciary’s power to review and interpret the Constitution, underlining that the President’s functions fall within judicial purview under Article 201.
“Judges Are Becoming Super-Parliament”: Dhankhar
The Vice-President expressed concern over what he sees as the judiciary’s growing influence in areas meant for the Executive and Legislature. “Are we heading towards a scenario where judges legislate, execute, and yet remain completely unaccountable? That’s not the democracy we signed up for,” he warned.
Referring again to Article 142, he said, “It’s no longer about interpretation. This provision is now being used unchecked a nuclear weapon deployed any time, against democratic functioning.”
As a senior constitutional office-holder and former lawyer, Dhankhar’s remarks underscore a growing tension between the Executive and Judiciary over the separation of powers and the limits of judicial intervention.
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