Judiciary can't become legislature or executive, says Vice President Dhankhar

Vice President Dhankhar said that any incursion, even a subtle one, into the domain of the other can unsettle the governance.

New Delhi, Dec 03: Emphasising on how the doctrine of separation of power is fundamental to governance in India, Vice President Jagdeep Dhankhar on Friday said that the judiciary cannot become the legislature or executive and any incursion, however subtle, into the domain of the other can upset the apple cart of governance.

The Vice President, while speaking at the 8th LM Singhvi memorial lecture, said, "Our judiciary being one of the critical institutions of governance cannot be the executive or legislature. The doctrine of separation of power is fundamental to our governance. Any incursion, howsoever subtle, in the domain of the other by one has the capacity or potential to unsettle the apple cart of governance," he was quoted as saying by ANI.

'We, the people': Power resides in the people

Vice President Jagdeep Dhankhar said that the power resides in the people.

"It is indicated in the preamble of our Constitution - we the people. That means the power resides in the people - their mandate, their wisdom. Indian Parliament reflects the minds of the people," Dhankar said.

He further added, "In the year 2015-16, the Parliament was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously. There was no abstention and no dissention. And the amendment was passed. In Rajya Sabha it was unanimous, there was one abstention. We the people - their ordainment was converted into a constitutional provision."

Vice president Dhankar urged everyone to rise to the occasion and be part of the country's growth story.

"I appeal to the people here - they constitute the judicial elite class, thinking minds, intellectuals, please find out a parallel in the world where a constitutional provision can be undone. I appeal to everyone that these are the issues that must not be viewed on partisan lines. I expect everyone to rise to the occasion and to be part of the growth story that is India," he said.

'India is the most vibrant democracy'

Vice President said, "We are the world's most vibrant democracy that is representative to an ideal level. We started with the Constituent Assembly in which members were enormously talented from all sections of society. But progressively with each election our Parliament reflects authentically the mandate of people... wisdom of the people. And now what we have in the Parliament is fairly representative. At a global level we do not have a parallel on that count."

The Vice President also talked about the Article 145 (3) and said our Indian constitution provides in explicit terms Art 145 (3). Interpretation of the Constitution when a substantial question of law is involved can be done by the court. Nowhere it says that a provision can be run down.

Addressing the occasion, he asked what will happen if a constitutional provision that carries the ordainment of people at large in such a vibrant democracy, is undone?

"After 9/11, US had passed the Patriot Act. Not with this majority. And it was taken as. That is why primacy of national interest prevails. Imagine if 73rd and 74th amendments were to be undone. What will happen?" he said reiterating the importance of the Indian Constitution.

On the occasion, Supreme Court and high court judges were also present.