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V-P says no provision for review of a constitutional amendment

March 26, 2025

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Hindustan Times Pune

Claiming that there is no constitutional provision for the review or appeal of a constitutional amendment, Vice President Jagdeep Dhankhar on Tuesday met leaders of all parties to discuss the issue of judicial accountability and a mechanism for appointment and transfer of judges, people aware of the details said.

- Smriti Kak Ramachandran

NEW DELHI:

The hour-long meeting came in the wake of a huge amount of cash being recovered from the residence of Delhi high court judge Yashwant Varma, a case that is now being probed by a committee constituted by the Supreme Court.

According to the people cited above, Dhankhar urged leaders to find a solution to the bigger problem of judicial accountability. "He exhorted leaders to find ways of addressing the need to fix accountability and ensure transparency in the judiciary. He referred to the National Judicial Appointments Commission (NJAC) and how it was struck down by the Supreme Court, and spoke about the need to re-establish the superiority of Parliament," said one person.

In 2014, the Centre passed the NJAC Act, setting up an alternative system for the appointment of judges to constitutional courts which also proposed a greater role for the government in the process. But, in 2015, the Supreme Court ruled that the law was unconstitutional as it sought to tinker with the judiciary's independence.

Leader of the Opposition and Congress chief Mallikarjun Kharge is learnt to have concurred on the need to ensure accountability and transparency in judiciary. "He said it was incumbent on the government to come up with a proposal on how to address the concerns...including the NJAC that was passed by Parliament with unanimity, but struck down by the court," the first person added.

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