Looks as if judiciary being taught a lesson: Sibal hits out at Dhankhar
Senior Rajya Sabha member Kapil Sibal said the Speaker should be equidistant between the Opposition and the ruling party.
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Senior advocate and Congress Rajya Sabha MP Kapil Sibal speaks to the media on Vice President Jagdeep Dhankhar's statement on the Supreme Court, in New Delhi on Friday. (ANI Photo)Days after Vice President Jagdeep Dhankhar criticised the judiciary over SC’s recent verdict on Bills, Rajya Sabha member Kapil Sibal Friday said he has never seen any RS Chairman make “political statements” of this nature and that it “looks as if the judiciary is being taught a lesson”.
Recalling the 1975 apex court judgment annulling then PM Indira Gandhi’s election, Sibal said, “People would remember that when the Supreme Court’s decision came regarding the election of Indira Gandhi, only one judge — Justice Krishna Iyer — gave the decision.”
“That was acceptable to Dhankhar-ji, but now a two-judge bench ruling is not right because it is not in favour of the government,” he said.
At a press conference, Sibal, a senior lawyer, said that the LS Speaker and Chairman should remain “equidistant” from both the Opposition and ruling sides.
On Thursday, Dhankhar had said Article 142 of the Constitution, which grants the Supreme Court the power to pass any order necessary to ensure “complete justice” in any case pending before it, “has become a nuclear missile against democratic forces, available to the judiciary 24X7”.
“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,” Dhankhar had said.
Sibal said, “if you (Dhankhar) give such statements, it will look as if the judiciary is being taught a lesson… It is not neutral and not constitutional.”
“The judiciary should not be attacked in this manner by the executive, especially two ministers — Arjun Ram Meghwal and Kiren Rijiju — and the Chairman of the House, as the judiciary cannot defend itself,” he said.
“Then the polity must defend the judiciary. Independence of the judiciary is fundamental to democracy in the country. What is being done is unconstitutional,” he said.
“Judicial institutions, high courts or the Supreme Court… if there is faith in any institution, it is the judiciary… The judgment which you do not like is wrong, and which is as per your thinking is fine… It is not right for a constitutional functionary to say such a thing,” Sibal said.
When someone raises about Article 370 or the Ram janmabhoomi judgments, the government pointed out it was a Supreme Court decision, he said.
On Dhankhar’s remarks the President’s powers are being curtailed, Sibal asked who was curtailing it. “Can the Governor sit for two years on a Bill that is important for people?” Sibal said, adding that this amounts to an “intrusion on the supremacy of the legislature”.
“If you have a problem with a judgment, call for a review. If there are still problems, take an advisory opinion from the Supreme Court,” Sibal said. “He (Dhankhar) talked about 1984 but not 2002. You talked about an emergency but not undeclared emergency that is prevailing,” he said.
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