Vice President Jagdeep Dhankhar has made a big statement on the division of powers. He said that in a country like ours or any democracy, how can the Chief Justice be involved in the appointment of the CBI Director as per the statutory directive? The Vice President asked whether there could be any legal logic for this?
The time has come to reconsider
Jagdeep Dhankhar said that the statutory directives were made because the executive of that time had surrendered before the judicial decision. But now the time has come to reconsider it. He said that this does not match with democracy. He asked how the Chief Justice of India be involved in any executive appointment?
Decisions have importance
The Vice President said that the public presence of the judiciary should be mainly through decisions. The decisions speak for themselves. Decisions are important. He said that according to the Constitution if the decision comes from the Supreme Court, it has to be implemented.
Dhankhar said that any other way of expression other than the decision weakens the institutional dignity. He said that when we look at the world, we do not find judges considering all the issues in the way we see here.
The largest democracy will not tolerate it.
The Vice President said that executive rule by judicial order is a constitutional contradiction. The world's largest democracy cannot tolerate this. He said that when institutions forget their limits, democracy remembers its wounds. Vice President Jagdeep Dhankhar said this at the National Judicial Academy in Bhopal.
Institutions should work within limits.
Dhankhar said that for jurisdictional respect and honor, it is necessary that institutions work within defined constitutional limits. Maintain a collaborative dialogue and keep national interest in mind. He said that Parliament has supremacy in law-making.
Judicial review is required so that the law is according to the Constitution. But when it comes to amending the Indian Constitution, the power lies only with the Parliament. No interference can be made in this under any pretext.
Interference is not according to democracy.
Any interference from any source from the legislature or the judiciary is against the Constitution. This is certainly not in keeping with democracy. He said accountability applies when an elected government plays executive roles. Governments are accountable to the legislature and, from time to time, to the voters. If executive governance is outsourced, accountability will not apply.
Supreme Court Justice Surya Kant will be sworn in as the 53rd Chief Justice of India on Monday.
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