New Delhi [India], April 18 (ANI): Senior advocate and Rajya Sabha MP Kapil Sibal on Friday criticised Vice President Jagdeep Dhankhar’s recent statement, expressing sadness and surprise over Dhankhar’s comments on the judiciary.
Sibal emphasised the judiciary’s trusted position in the country and accused the government of criticising the judiciary when it doesn’t favour them.
“I was saddened and surprised to see Jagdeep Dhakhar’s statement. If any institution is trusted throughout the country in today’s time, it is the judiciary. When some government people do not like the decisions of the judiciary, they start accusing it of crossing its limits. And when they like the decisions, they tell the opposition: ‘This was the decision of the Supreme Court, no one should question it on Article 370.’ Similarly, when there are questions on the Ram Janmabhoomi judgment, they say, ‘This was the decision of the Supreme Court.,” said Sibal.
He added, “And if recently a judgment came from Justice Jamshed Burjor Pardiwala related to a party, they say, ‘How can the Supreme Court do this?’ They say that if you don’t like a judgment, if it’s not in line with your thinking, then it’s wrong, and if it aligns with your thinking, it’s right.”
Sibal highlighted the Supreme Court’s power under Article 142 to provide complete justice, questioning whether Dhankhar is aware of this constitutional provision.
“I believe it’s inappropriate to say such a thing regarding a constitutional functionary. I have great respect for them, but when you say that Article 142 is ‘nuclear missile material,’ how can you say that? Does he know that the Constitution has given the right of Article 142 to the Supreme Court to give complete justice?” said Sibal.
Sibal clarified that the President acts on the advice of the Cabinet and has no personal authority, describing the President as a “titular head.”
“The President of India is a titular head. When the President performs their functions, they do so according to the advice of the Cabinet. The President acts on aid and the advice of the Council of Ministers, and similarly, the Governor of the State acts on the advice of the Council of Ministers in the State,” said Sibal.
He added, “If a bill is passed, it goes to the Governor. The Constitution has given the Governor the right that the Governor can return the bill with comments, and if the Legislative Assembly passes it again, the Governor must sign it.”
Sibal emphasised that the President acts on ministerial advice, not personal discretion. “The President does not act according to personal views. The President’s personal opinion does not hold here, and this should be known by Dhankar Ji. He is saying, ‘How can you control the President’s powers?’ But who is controlling the President?”
Giving an example, he said, “A bill goes to a Governor, and it can remain there for two years. Important bills that may affect the public can be held by the Governor for two years, and the Court has no authority to intervene in this matter. This is, in fact, an inclusion of the supremacy of the legislature.”
On judicial benches and decision-making, Sibal stated, “Dhankar Ji says, ‘Look, in the old days, when there were 8 judges in the Supreme Court, 5 judges would decide; now there are so many judges. Will 2 judges decide?’ The Supreme Court will sit with 2, 3, 5, 7, 9, or even 11 judges, and has even sat with as many as 13 judges. So the Supreme Court decides this way.”
He expressed surprise over the comments made by Union Ministers Arjun Ram Meghwal and Kiren Rijiju.
“I am surprised about the fact that sometimes (Union Minister) Meghwal says that one should stay within limits, other times (Union Minister) Kiren Rijiju asks what is happening and what if they also do it? Dhankar ji says that before, 5 judges decided on a matter when there were only 8 judges, but now only two judges decide on it. However, either two or three judges decide on it anyway, as the Supreme Court sits as a bench, even with nine or eleven judges, and once thirteen also sat together, that is how it happens. People have to follow the ruling,” Sibal said.
Sibal’s reaction follows Dhankhar’s comments, which appeared to criticise the judiciary for overstepping its bounds. VP Dhankar had stated that “Article 142 has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7.”
Speaking at the Valedictory Function of the sixth Rajya Sabha Internship Programme at the Vice-President’s Enclave, Dhankhar proposed an amendment to Article 145(3), which deals with the composition of the bench required to decide substantial questions of constitutional law.
He further stated that a structured platform will be established to provide the public with comprehensive and authentic information on legislative activities in the Rajya Sabha and the Lok Sabha.
He also reacted to the alleged discovery of cash at Delhi High Court Judge Yashwant Verma’s house, underlining that no FIR has been registered against Justice Varma. Dhankar stated that a case can be filed against anyone in the country, but special permission is required if a judge is to be booked. (ANI)
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