Journalism of Courage
Premium

Provision to interpret law for SC is a small slit, can’t be a floodgate: Dhankhar

The VP Jagdeep Dhankar said any incursion in the exclusive domain of Parliament will be a “Constitutional aberration”.

3 min read
Provision to interpret law, Supreme Court, Jagdeep Dhankhar, Constitution, floodgate, constitutional provision, Constitution Day celebrations, Law Ministry, indian express newsV-P Jagdeep Dhankhar at the Constitution Day event held by the Law Ministry. (Image source: PTI)
Advertisement
Listen to this article Your browser does not support the audio element.

Cautioning that any “incursion” on the Parliament’s domain by other state organs will disturb the “delicate applecart” of governance, Vice President Jagdeep Dhankhar Sunday said “constitutional provision providing for interpretation of law or Constitution to the Supreme Court is a small slit” and “can’t be a floodgate”.

At Constitution Day celebrations held by the Law Ministry in New Delhi, Dhankhar said: “Parliament alone is the architect of the Constitution to the exclusion of any other agency, executive or judiciary… Parliament can’t script a judgment to the Supreme Court. Similarly, Supreme Court can’t script law for us.”

He said: “People who sit in Parliament are there because through a legitimised mechanism on a proper platform, the people have expressed their mandate. Therefore Parliament is the soul of democracy…”

The VP said supremacy of Parliament as the “sole architect of the Constitution” is “unquestionable” and that “it is not amenable in its task to intervention either from the executive or the judiciary”. Dhankhar stated: “The sovereignty of Parliament is synonymous with sovereignty of the nation and the same is impregnable. Why I say so? The executive survives only if it has strength in Parliament. I don’t want to be a loudmouth; but the other institution also survives only when it is sanctified by Parliament. Therefore, such a body, the foundation of which is the mandate of the people, cannot allow any incursion in its domain. That will be disturbing the delicate applecart of governance in a democracy.”

The VP said any incursion in the exclusive domain of Parliament will be a “Constitutional aberration”.

Dhankhar said: “Democracy is optimally nurtured when state organs work in harmony… It is a constitutional mandate that all these organs of the state function in their respective domain.”

He said differences must be resolved using statesmanship. “Public posturing generating perception as a strategy to deal with such differences is best avoided,” Dhankhar said.

Story continues below this ad

“…The independence of the judiciary is unquestioned but time has come that we must have a mechanism of a structured interaction among those at the helm of affairs of such institutions so that issues don’t come in public domain,” he said.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

Stay updated with the latest - Click here to follow us on Instagram

Tags:
  • Jagdeep Dhankhar Law Ministry
Edition
Install the Express App for
a better experience
Featured
Trending Topics
News
Multimedia
Follow Us
The Big PictureBig protein flex: India's diet is getting a makeover, but are we doing it right?
X