Vice President Dhankhar Reasserts Parliament’s Supremacy Over Judiciary: 'Elected Representatives Are...'

Speaking at Delhi University on Tuesday, Vice President Jagdeep Dhankhar reaffirmed his stance against what he called judicial "overreach," emphasising that "Parliament is supreme" and reiterating the primacy of elected representatives in a democratic setup.

"A prime minister who imposed an Emergency was held accountable in 1977. Therefore, let there be no doubt about it - Constitution is for the people, and it's a repository of safeguarding it... Elected representatives... they are the ultimate masters as to what Constitution content will be. There is no visualisation in Constitution of any authority above Parliament. Parliament is supreme and that being the situation, let me tell you, it is as supreme as every individual in the country," he stated, referring to the ongoing debate over the judiciary's role versus the executive.

Photo Credit: PTI

The Vice President also drew attention to inconsistencies in past Supreme Court rulings: "In one case, the SC says the preamble is not a part of the constitution (Golaknath case) and in another case it says it is part of the constitution (Kesavananda Bharati)."

Dhankhar stressed the importance of open dialogue in a democratic society and warned against complacency.

"Our silence might be very dangerous. Thinking minds have to be contributors to preserving our legacy. We cannot allow rundown institutions or tarnishing individuals. Every word by the constitutional authority is guided by the constitution."

Calling for stronger civic responsibility and pride in Indian identity, he said, "We must take pride in our Bhartiyata. How can our democracy tolerate disruption? Public property being burnt. Public order disrupted. We must neutralise these forces. First by counselling and even if a bitter pill is required."

His renewed criticism comes amid a broader debate involving several BJP leaders and the judiciary, with accusations that the Supreme Court has at times overstepped its constitutional boundaries and encroached on the executive's domain.

His remarks follow a comment made by Justice BR Gavai of the Supreme Court during a hearing on a petition seeking the imposition of President's Rule in West Bengal.

Responding to the petitioner's request, Justice Gavai remarked, "You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into the executive (domain)."

Earlier, the Vice President had criticised the court for prescribing a timeline for the President to assent to bills passed by a state legislature.

Questioning the judiciary's expanding role, he remarked, "So, we have judges who will legislate, who will perform executive functions, who will act as super Parliament and absolutely have no accountability because the law of the land does not apply to them."