Vice-President of India Jagdeep Dhankar on Friday took exception to Constitutional courts quashing changes made by the parliament to the Constitution.

Dhankar, who is also a Senior Advocate, said that in 2015-16, the Supreme Court struck down a Constitutional amendment that was passed unanimously in Lok Sabha and was unopposed in Raya Sabha.

Such instances do not have any parallel in any other democracy in the world, he lamented.

The Vice-President was perhaps referring 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.

"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 please think of a parallel in the world where a constitutional provision can be undone," he said.

Dhankar maintained that Constitutional provisions cannot be run down in such a manner elsewhere.

"Nowhere in the world, it says a provision can be run down. All that it says is substantive law can be interpreted. Look at it from another perspective a Constitutional amendment that carries the ordainment of people at large in such a vibrant democracy is undone then what will happen? These are the issues which must not be viewed on partisan lines," he stated.

Dhankar was speaking after Chief Justice of India (CJI) DY Chandrachud delivered the 8th Dr. LM Singhvi Memorial Lecture.

"I appeal to the people who are judicial elite class, thinking minds ... find a country where a Constitutional provision can be undone. But here our courts can run down such a provision. If the provision of the Constitution which has the backing of so many people is undone then imagine what will happen. After "this verdict" there was not a whisper in the parliament," the Vice President said.

Dhankar in his speech also praised India's efforts at tackling the COVID pandemic.

On the importance of national interest as a ground for parliament to act, Dhankar gave the example of the law passed by the US government after the September 11 terror attacks.

"But see it is still there. This is is the primacy of national interest. Look at the impact of political transformation."

Coming back to the Supreme Court striking down laws passed by the parliament, the Vice President referred to the basic structure doctrine.

"There can be nothing more prevalent than the rights of people and this must be reflected through the legislature and must be debated discussed and passed and then there is this kind of scenario then I am very sorry to say..."

He added that any deviation from working harmoniously with the judiciary would 'upset the apple cart'.

This is not the first time the NJAC verdict has met with criticism.

In 2020, former Attorney General Senior Advocate Mukul Rohatgi said that some of the judges of the Supreme Court themselves now realize that overturning the NJAC Act was not the correct decision.

He added that the judgment would have led “Dr. BR Ambedkar to turn in his grave”, and hoped it is overturned sooner than the 45 years it took to overturn an emergency-era verdict that said the right to life and personal liberty can be suspended.

Read what Chief Justice of India DY Chandrachud said in his speech here.

References:

barandbench.com