Former Supreme Court judge Justice Ajay Rastogi responded to Vice President Jagdeep Dhankhar’s remarks, saying he doesn’t see it as judicial overreach. He stressed that judges act in the interest of public welfare, not in conflict with the executive.
In light of the ongoing discussion regarding the Supreme Court’s recent remarks about subjecting presidential actions to judicial review comments that have drawn criticism from Vice President Jagdeep Dhankhar former Supreme Court judge Ajay Rastogi spoke out on Saturday, rejecting claims of “judicial overreach.”
He reaffirmed Parliament’s ultimate authority to amend provisions when there is a disagreement with the court’s rulings.
Justice Rastogi dismissed the notion that the judiciary and the executive are in conflict, emphasizing judges’ dedication to public welfare and their resilience against perceived pressure from public scrutiny.
Justice Rastogi stated,
“There is absolutely no pressure on judges. They function independently and fearlessly, no matter what the public thinks. We as judges work, with full commitment, in the interest of our institution and the public,”
This comes amid tensions between the Opposition and the ruling BJP regarding the appropriateness of the Supreme Court’s comments and the ensuing criticism.
Justice Rastogi also noted that concerns about the Supreme Court’s recent observations setting a “wrong precedent” are premature, as the matter is still pending for a hearing on May 5, when the court can make a definitive ruling.
He explained,
“I don’t believe that it’s a matter of judicial overreach… or setting a wrong precedent. Each case has its own intricacies, and the court is always mindful of the fact as to which case deserves an interim order and which doesn’t,”
Earlier this month, the Supreme Court utilized its inherent powers under Article 142 of the Constitution to resolve a standoff between the Tamil Nadu government and Governor RN Ravi regarding delays in granting assent to bills.
The Supreme Court also described the Governor’s actions as a violation of the Constitution, specifically citing Article 200.
In doing so, the court seemingly subjected presidential actions to judicial review by endorsing a three-month deadline for granting assent to bills.
The situation escalated when Rajya Sabha Chairman and Vice-President Jagdeep Dhankhar made pointed comments about the judiciary, likening Article 142 to a “nuclear missile” that the judiciary possesses against democratic forces.
Former Union Minister Kapil Sibal criticized Dhankhar’s remarks as an attack on the judiciary and a potential threat to public confidence in the courts.
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