Vice President Jagdeep Dhankhar criticised the Supreme Court over its repeal of NJAC Act

New Delhi:

Vice President Jagdeep Dhankhar on Friday stated there was “no whisper” in Parliament after the Supreme Court struck down the National Judicial Appointments Commission Act and described it as “too serious an issue”.

He additionally stated a legislation handed by Parliament, which displays the desire of the folks, was “undone” by the Supreme Court and “the world does not know of any such instance”.

Citing provisions of the Constitution, he additionally stated when a substantive query of legislation is concerned, the problem may be appeared into by the courts.

“Nowhere it says a provision can be run down,” Vice President Dhankhar stated within the presence of Chief Justice of India DY Chandrachud.

Addressing the LM Singhvi memorial lecture in Delhi, the Vice President underlined that the Preamble of the Constitution mentions “We the people” and Parliament displays the desire of the folks.

It means the facility resides within the folks – their mandate and their knowledge, he stated.

Vice President Dhankhar referred to the NJAC Act, saying in 2015-16, Parliament was coping with a constitutional modification Act and as a matter of document your complete Lok Sabha voted unanimously.

In Rajya Sabha, it was unanimous, there was one abstention. “We the people – their ordainment was converted into a constitutional provision. Power of the people, which was expressed through a legitimate platform, that power was undone. The world does not know of any such instance,” he stated.

The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and excessive court docket judges, was struck down by the Supreme Court which described it as unconstitutional.

“I appeal to the people here, they constitute a judicial elite class, thinking minds, intellectuals – please find out a parallel in the world where a constitutional provision can be undone,” he stated.

Vice President Dhankhar had expressed comparable sentiments at a Constitution Day occasion in Delhi on November 26.

He stated he was “startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue”.

Referring to the doctrine of primary construction developed by the Supreme Court, he stated “we have taken it as such”.

“But as a modest student of law, can parliamentary sovereignty ever be compromised … can a successive Parliament be bound by what has been done by earlier Parliament,” he stated.

He stated harmonious working of the Executive, the Legislature and the Judiciary is significant for the expansion of democracy.

“Any incursion, howsoever subtle, in the domain of one by another has the capacity to unsettle the apple cart of governance,” the Vice President stated.
 

(Except for the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)