Vice President Jagdeep Dhankhar addressing LM Singhvi memoial lecture in Delhi on Friday said there was "no whisper" in Parliament after the Supreme Court struck down the National Judicial Appointments Commission Act and described it as "too serious an issue". The Vice President underlined that the Preamble of the Constitution mentions "We the people" and Parliament reflects the will of the people. He also said a law passed by Parliament, which reflects the will of the people, was "undone" by the Supreme Court, and "the world does not know of any such instance".
Vice President Jagdeep Dhankhar criticized the Supreme Court over its repeal of the NJAC Act. He referred to the NJAC Act, saying in 2015-16, Parliament was dealing with a constitutional amendment Act and as a matter of record, the entire Lok Sabha voted unanimously. He said the harmonious working of the Executive, the Legislature, and the Judiciary is vital for the growth of democracy.
While citing the provisions of the Constitution, he also said when a substantive question of law is involved, the issue can be looked into by the courts. It means the power resides in the people - their mandate and their wisdom.
In Rajya Sabha, it was unanimous, there was one abstention. "We the people - their ordainment was converted into a constitutional provision. Power of the people, which was expressed through a legitimate platform, that power was undone. The world does not know of any such instance. But as a modest student of law, can parliamentary sovereignty ever be compromised ... can a successive Parliament be bound by what has been done by earlier Parliament."
The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and high court judges, was struck down by the Supreme Court which described it as unconstitutional.
The VP said "I appeal to the people here, they constitute a judicial elite class, thinking minds, intellectuals - please find out a parallel in the world where a constitutional provision can be undone."
He further said that he was "startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue".
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