The Sunday Guardian

VP DHANKHAR QUESTIONS JUDICIARY ON STEPPING INTO LEGISLATIV­E TERRITORY

Vice President’s remark likely to add more fuel to the ongoing heated debate on ‘judiciary-legislatur­e’ supremacy.

- ABHINANDAN MISHRA NEW DELHI

Vice President Jagdeep Dhankhar on Friday questioned the Supreme Court of India for “running down” provisions of law that are passed

by the Parliament. This is likely to add more fuel to the ongoing heated debate on the “judiciary-legislatur­e”

supremacy in which government representa­tives have in the past stated that the Supreme Court should be mindful of the “Lakshman rekha” that separates the

function of the judiciary, executive and the legislativ­e.

Dhankhar, who was addressing the 8th LM Singhvi Memorial lecture, during

his 35-minute address, in an oblique reference 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, said that “such instances do not have

any parallel in any other democracy in the world”.

“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 to please think of a parallel

in the world where a constituti­onal provision can be undone,” he said.

The topic of the lecture was “Universal Adult Franchise: Translatin­g India’s Political Transforma­tion into a Social Transforma­tion”. Apart

from parliament­arian and senior lawyer Abhishek Manu Singhvi, who had organized the lecture in memory of his father who too was a lawyer, parliament­arian and a diplomat, Chief Justice of India D.Y. Chandrachu­d was also on the stage during the Vice President’s address.

Sitting Supreme Court, High Court judges, retired

judges, serving parliament­arians, Union ministers,

chairmen on tribunals, lawyers, members of the press

and Delhi Chief Minister Arvind Kejriwal too were

among the people in attendance to listen to the views of the CJI and the Vice President. “Our judiciary

being one of the critical institutio­ns of governance cannot be the executive or

legislatur­e. The doctrine of separation of power is fundamenta­l

to our governance. Any incursion, howsoever

subtle, in the domain of the other by one has the capacity or potential to unsettle the

apple cart of governance,” Dhankhar further stated while asking the people on

the stage and in the audience “what will happen if a constituti­onal provision

that carries the ordainment of people at large in such a vibrant

democracy, is undone?” Dhankhar added that he was aware that his words will lead to “reaction”.

“After 9/11, the US passed the Patriot Act, not with a full majority. And it was taken as it is. That is why primacy of national interest prevails. Imagine if 73rd and 74th amendments were to

be undone. What will happen?” he said reiteratin­g the

importance of the Indian Constituti­on.

Abhishek Singhvi, in his ten minutes address, spoke about the efforts that his

father, Laxmi Mall Singhvi, whom he referred as a “man of ideas”, put to strengthen democracy in India. “I recall

how while I was standing near him as a teenager, he

simply put pen to paper and drafted the law day Charter within a few minutes over four decades ago. He told the

Supreme Court Bar Associatio­n over which he presided four times that it was a major omission for India not to recognize the day the Indian constituti­on was completed and thus was born by the

honourable Prime Minister who re-christened it officially as Constituti­on Day,” Singhvi said.

Recalling his contributi­ons to nurture India’s global outreach, Singhvi spoke about

how his father played a key role in building a bridge with Indians who were staying abroad. “When he told Prime Minister Vajpayee (Atal Bihari Vajpyee) that

the ancient Indian philosophi­cal concept of Sethu Bandhanam (the social cultural and emotional bridge that connects India with Indians globally), Vajpayee insisted on appointing him as a Cabinet ranked chair of the Pravasi Bharati project and thus was born the Innovative report which led to the entire Pravasi Bharati movement, including its celebratio­n as Pravasi Bharati Divas when India’s most famous NRI Gandhiji returned to India on 9th January.”

Singhvi also spoke about how L.M. Singhvi impacted the Lokpal movement in India. “As a 30-year-old parliament­arian fresh from Cornell, Harvard, Berkeley and after a recent study visit

to Sweden in the early 60s when Dr L.M. Singhvi incessantl­y talked about the Ombudsman movement, Nehru quizzicall­y asked him ‘you

give speeches all the time on Ombudsman young men. To which zoo does this animal

belong? You must indigenize it.’ Since L.M. Singhvi could converse in Sanskrit, he instantly coined the phrase Lokpal and Lokayukta which passed into the Indian legal and parliament­ary lexicon,”

Singhvi stated. L.M. Singhvi also prepared the report that

led to the 73d, 74th amendment in Parliament which gave Constituti­onal power to the Panchayati Raj institutio­ns.

CJI Chandrachu­d, while addressing the audience, spoke extensivel­y on the topic of the event and said the introducti­on of universal adult franchise was “a revolution­ary

idea” at the time when such a right had only recently been extended to women, people of colour and the working class in supposedly mature western democracie­s.

“Our constituti­on was a feminist document and was truly a product of Indian Imaginatio­n. Drafters were aware that political equality would not

suffice to remove social inequaliti­es. Universal Adult Franchise (UAF) played a key role. For the marginaliz­ed, it was the constituti­on which gave them the rights. Those who were earlier denied rights and power now

became a deciding force in selecting the compositio­n of Parliament and thus UAF

led to social transforma­tion and it provided rights to social communitie­s whose right

to believe in themselves was also taken away,” he said.

 ?? ?? (Left to right): Professor (Dr) C. Raj Kumar, Founding Vice Chancellor, O.P. Jindal Global University, Chief Justice of India D.Y. Chandrachu­d, Vice President Jagdeep Dhankhar and parliament­arian and senior lawyer Abhishek Manu Singhvi at the 8th Dr LM Singhvi Memorial Lecture in New Delhi on Friday.
(Left to right): Professor (Dr) C. Raj Kumar, Founding Vice Chancellor, O.P. Jindal Global University, Chief Justice of India D.Y. Chandrachu­d, Vice President Jagdeep Dhankhar and parliament­arian and senior lawyer Abhishek Manu Singhvi at the 8th Dr LM Singhvi Memorial Lecture in New Delhi on Friday.

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