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VP DHANKHAR QUESTIONS JUDICIARY ON STEPPING INTO LEGISLATIVE TERRITORY

December 04, 2022

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The Sunday Guardian

Vice President's remark likely to add more fuel to the ongoing heated debate on judiciary-legislature' supremacy.

- ABHINANDAN MISHRA

VP DHANKHAR QUESTIONS JUDICIARY ON STEPPING INTO LEGISLATIVE TERRITORY

Vice President Jagdeep Dhankhar on Friday questioned the Supreme Court of India for "running down" provisions of law that are passed by the Parliament. This is likely to add more fuel to the ongoing heated debate on the "judiciary-legislature" supremacy in which government representatives have in the past stated that the Supreme Court should be mindful of the "Lakshman rekha" that separates the function of the judiciary, executive and the legislative.

Dhankhar, who was addressing the 8th LM Singhvi Memorial lecture, during his 35-minute address, in an oblique reference to the Supreme Court striking down the Constitutional Amendment that would have paved way for a National Judicial Appointments Commission to appoint judges to the higher judiciary, said that "such instances do not have any parallel in any other democracy in the world".

"India in 2015-16 was dealing with a Constitutional amendment act and as a matter of record, the entire Lok Sabha voted unanimously and there was no abstention in Lok Sabha and that amendment act was passed. In Rajya Sabha, there was no opposition. We the people, their ordainment came to be reflected through the most sanctified mechanism through the applicable mechanism. That power was undone. The world does not know of any such instance. I appeal to all judicial minds to please think of a parallel in the world where a constitutional provision can be undone," he said.

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