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Vice President Jagdeep Dhankhar has publicly criticized a recent Supreme Court judgment that mandates a timeline for the President to decide on bills forwarded by governors, arguing that such a directive undermines the constitutional role of the President. Dhankhar's remarks, delivered to the sixth batch of Rajya Sabha interns at the Vice-President’s Enclave, highlight a growing tension between the judiciary and the executive branch regarding the interpretation and application of constitutional powers. He questioned the basis upon which the Supreme Court could issue directives to the President, stating, “We cannot have a situation where you direct the President of India and on what basis?” Dhankhar emphasized the importance of maintaining sensitivity in this matter, warning against a scenario where the judiciary oversteps its boundaries and encroaches upon the powers of the executive. His concern centers on the potential for judges to effectively legislate, perform executive functions, and act as a super Parliament, without the accountability that is inherent in the democratic process. He argues that the judiciary's role is to interpret the Constitution, not to dictate the actions of the President or create laws. This commentary comes in the wake of an April 8 Supreme Court judgment that, for the first time, imposed a three-month deadline for the President to act on bills reserved by state governors. The apex court stipulated that any delay exceeding this period must be justified, and it encouraged state governments to collaborate with the central government on these matters. The ruling was prompted by a constitutional standoff in Tamil Nadu, where Governor RN Ravi had withheld assent to several bills for an extended duration, leading the state government to seek judicial intervention. This situation underscores the complexities of federal relations in India and the potential for disagreements between state and central governments to escalate into constitutional crises. Dhankhar's critique also touched upon the alleged discovery of cash at the residence of former Delhi High Court judge Yashwant Verma, a matter that has raised questions about judicial accountability and transparency. He stated that while the President and Governors enjoy constitutional immunity from prosecution, this privilege is not extended to other public figures, including judges. Dhankhar called for transparency and accountability in this matter, urging that the details of the case be made public to facilitate cleansing and ensure that justice is served. He remarked, “It is now over a month. Even if it is can of worms. Even if there are skeletons in the cupboard, time to blow up the can. Time for its lid to go out. And time for the cupboard to collapse. Let the worms and skeletons be in public domain so that cleansing takes place.” His statement suggests a desire for greater scrutiny of judicial conduct and a belief that transparency is essential for maintaining public trust in the judiciary. The Supreme Court's ruling in the Tamil Nadu case also addressed the Governor's referral of ten bills to the President, deeming it legally flawed. The justices clarified that if the President withholds assent, the state government has the right to challenge the decision in court. This clarification is significant because it reinforces the principle of judicial review and provides a mechanism for resolving disputes between the state and central governments regarding legislative matters. The broader implications of Dhankhar's comments and the Supreme Court's rulings extend to the delicate balance of power between the three branches of government in India – the executive, the legislative, and the judiciary. The Constitution of India establishes a system of checks and balances to prevent any one branch from becoming too dominant. However, the interpretation and application of these checks and balances are often subject to debate and disagreement, as evidenced by the current controversy. The judiciary plays a crucial role in safeguarding the Constitution and upholding the rule of law. Its power to interpret the Constitution and review the actions of the other branches of government is essential for ensuring that they operate within the bounds of the law. However, the judiciary must also exercise restraint and avoid overstepping its boundaries, as this could undermine the legitimacy of its decisions and erode public trust in the institution. The executive branch, headed by the President and the Prime Minister, is responsible for implementing laws and policies and for governing the country. It must operate within the framework established by the Constitution and the laws passed by the Parliament. The executive branch is also accountable to the people through the electoral process. The legislative branch, consisting of the Parliament, is responsible for making laws. It is composed of elected representatives who are accountable to their constituents. The Parliament also has the power to hold the executive accountable through mechanisms such as questions, debates, and no-confidence motions. The separation of powers and the system of checks and balances are designed to ensure that no one branch of government becomes too powerful and that the rights and freedoms of citizens are protected. However, the effectiveness of this system depends on the willingness of each branch to respect the powers and responsibilities of the others and to engage in constructive dialogue and cooperation. In the current context, the controversy surrounding the Supreme Court's ruling on the President's timeline for deciding on bills highlights the challenges of maintaining this delicate balance of power. Dhankhar's criticism of the ruling reflects a concern that the judiciary is overstepping its boundaries and encroaching upon the powers of the executive. The Supreme Court, on the other hand, may view its ruling as necessary to ensure that the President and Governors act within a reasonable timeframe and that state governments are not unduly hampered in their ability to legislate. Resolving this controversy will require careful consideration of the constitutional principles involved, as well as a willingness on the part of all stakeholders to engage in constructive dialogue and compromise. It is essential to uphold the rule of law and to ensure that the powers and responsibilities of each branch of government are respected. Failure to do so could undermine the integrity of the constitutional system and erode public trust in the institutions of government. Dhankhar's statements can also be viewed through the lens of ongoing political dynamics, where the roles and responsibilities of constitutional office holders are often subjects of intense debate. His strong assertions reflect a desire to protect the perceived autonomy of the office of the President and Vice President. The situation highlights the importance of understanding the complex interplay between legal interpretations, political considerations, and the maintenance of a stable constitutional framework in India. Ultimately, the resolution of the issues raised by Dhankhar's comments and the Supreme Court's judgment will have significant implications for the future of Indian democracy and the balance of power between its branches of government.
The concerns raised by Vice President Dhankhar regarding the Supreme Court's directive to set a timeline for the President's decision on bills underscore a deeper debate about the scope of judicial review and the separation of powers in India. While the judiciary is empowered to interpret the Constitution and ensure that government actions are in accordance with it, there is a question of whether setting explicit deadlines for the President's actions constitutes an overreach into the executive domain. Some argue that such directives are necessary to prevent executive inaction or obstruction of legislative processes, while others believe that they impinge on the President's discretionary powers and undermine the dignity of the office. Dhankhar's critique also touches upon the issue of accountability. He suggests that the judiciary is not subject to the same level of accountability as the executive and legislative branches, which are directly accountable to the people through elections. This raises questions about the mechanisms for ensuring that the judiciary remains within its constitutionally defined boundaries and that its decisions are consistent with the principles of democratic governance. The context of the Tamil Nadu situation, where Governor RN Ravi withheld assent to several bills, highlights the potential for political considerations to influence the actions of constitutional officeholders. It is crucial to ensure that Governors and the President act impartially and in accordance with the Constitution, rather than being guided by political agendas. The Supreme Court's intervention in this case underscores the judiciary's role in safeguarding constitutional principles and preventing the abuse of power. The broader debate about judicial activism versus judicial restraint is also relevant in this context. Proponents of judicial activism argue that the judiciary should actively intervene to protect the rights of citizens and ensure that the government acts in accordance with the Constitution. Proponents of judicial restraint, on the other hand, argue that the judiciary should exercise caution and defer to the other branches of government whenever possible. The Supreme Court's ruling in the Tamil Nadu case can be seen as an example of judicial activism, as it actively intervened to address a perceived abuse of power by the Governor. However, critics may argue that the ruling goes too far in dictating the actions of the executive branch. The issue of judicial accountability is also linked to the process of judicial appointments. Concerns have been raised about the transparency and objectivity of the appointment process, as well as the potential for political considerations to influence the selection of judges. A more transparent and merit-based appointment process could enhance the credibility and legitimacy of the judiciary and reduce concerns about bias or undue influence. The discovery of cash at the residence of former Delhi High Court judge Yashwant Verma raises serious questions about judicial integrity and the need for greater transparency in judicial conduct. Dhankhar's call for the details of the case to be made public reflects a desire for accountability and a belief that transparency is essential for maintaining public trust in the judiciary. The Constitution provides mechanisms for addressing allegations of judicial misconduct, including impeachment. However, these mechanisms are rarely used, and there is a need for more effective and transparent procedures for investigating and addressing allegations of judicial misconduct. The debate about the separation of powers and the role of the judiciary is not unique to India. Similar debates have taken place in other democracies around the world. The key is to find a balance between ensuring that the judiciary is independent and able to uphold the rule of law, while also ensuring that it remains accountable and does not overstep its boundaries. In conclusion, the issues raised by Vice President Dhankhar and the Supreme Court's ruling on the President's timeline for deciding on bills highlight the complexities of maintaining a stable constitutional framework in India. Resolving these issues will require careful consideration of the constitutional principles involved, as well as a willingness on the part of all stakeholders to engage in constructive dialogue and compromise. It is essential to uphold the rule of law and to ensure that the powers and responsibilities of each branch of government are respected.
The discourse surrounding Vice President Dhankhar's critique of the Supreme Court's judgment is not merely a legalistic debate, but a reflection of the evolving dynamics of power and responsibility within India's democratic framework. Dhankhar's remarks are indicative of a broader concern that the judiciary, in its zeal to uphold constitutional principles, might be overstepping its boundaries and encroaching upon the domains of the executive and the legislature. This concern is rooted in the understanding that the Constitution envisages a delicate balance between the three organs of the state, each with its distinct functions and responsibilities. The principle of separation of powers is intended to prevent any one organ from becoming too dominant and to ensure that each organ acts as a check on the others. However, the interpretation and application of this principle are often subject to debate and disagreement. In the context of the Supreme Court's directive to set a timeline for the President's decision on bills, Dhankhar's argument is that such a directive undermines the President's discretionary powers and impinges on the dignity of the office. He believes that the President should be allowed to exercise his judgment freely, without being subjected to a time-bound mandate from the judiciary. This argument raises questions about the scope of judicial review. While the judiciary has the power to review the actions of the executive and the legislature to ensure that they are in accordance with the Constitution, there is a debate about whether this power extends to dictating the specific manner in which the executive performs its functions. Some argue that the judiciary should only intervene when there is a clear violation of the Constitution, while others believe that it should also intervene when the executive is acting in a manner that is inconsistent with the principles of good governance. The issue of judicial accountability is also central to this debate. Dhankhar's remarks suggest that the judiciary is not subject to the same level of accountability as the executive and the legislature, which are directly accountable to the people through elections. This raises concerns about the potential for judicial overreach and the need for mechanisms to ensure that the judiciary remains within its constitutionally defined boundaries. The discovery of cash at the residence of former Delhi High Court judge Yashwant Verma adds another layer of complexity to this debate. Dhankhar's call for transparency in this matter reflects a desire for accountability and a belief that transparency is essential for maintaining public trust in the judiciary. The Constitution provides mechanisms for addressing allegations of judicial misconduct, but these mechanisms are often cumbersome and ineffective. There is a need for more robust and transparent procedures for investigating and addressing allegations of judicial misconduct. The debate about the separation of powers and the role of the judiciary is not unique to India. Similar debates have taken place in other democracies around the world. The key is to find a balance between ensuring that the judiciary is independent and able to uphold the rule of law, while also ensuring that it remains accountable and does not overstep its boundaries. In the Indian context, the challenge is to adapt the principles of separation of powers and judicial review to the unique circumstances of the country, taking into account its history, culture, and social realities. This requires a nuanced understanding of the Constitution and a commitment to upholding its spirit, while also being mindful of the need to promote good governance and protect the rights of citizens. The debate about Dhankhar's critique of the Supreme Court's judgment is therefore not just a legalistic debate, but a fundamental debate about the nature of Indian democracy and the role of the judiciary in shaping its future. It is a debate that requires careful consideration of the constitutional principles involved, as well as a willingness on the part of all stakeholders to engage in constructive dialogue and compromise. The ultimate goal should be to strengthen the foundations of Indian democracy and to ensure that all three organs of the state work together in a spirit of cooperation and mutual respect.