Senior Advocate Kapil Sibal responded to Vice President Dhankhar’s remark, saying, “Constitution is supreme.” He emphasized that neither Parliament nor the Executive holds supremacy over the Constitution.
Kapil Sibal, Senior Advocate and Rajya Sabha MP, responded to Vice President Jagdeep Dhankhar’s assertion that “Parliament is supreme,” stating that neither Parliament nor the Executive holds supremacy.
Mr. Sibal, who is also the president of the Supreme Court Bar Association, expressed on X,
“The law: Neither Parliament nor the Executive is supreme. The Constitution is supreme. The provisions of the Constitution are interpreted by the Supreme Court. That’s how this country has understood the law so far.”
He did not directly mention the Vice President in his comments.
Also Read: Justice Surya Kant on VP Dhankhar’s Remarks: “Institution Comes Under Attack Every Day”
The senior lawyer further stated that the recent judgments from the Supreme Court, which have faced criticism from some BJP leaders and the Vice President, align with constitutional values and are driven by national interest.
Mr. Sibal added in another post,
“Supreme Court: Parliament has the plenary power to pass laws. Supreme Court has the obligation to interpret the Constitution and do complete justice (Article 142). Everything the Court said is: 1) Consistent with our constitutional values 2) Guided by national interest,”
These remarks followed Vice President Dhankhar’s continued criticism of the judiciary. Drawing from his experience as a former senior lawyer, Mr. Dhankhar stated that while citizens are the soul of democracy, elected representatives are the ultimate authorities on constitutional interpretation.
He asserted,
“There is no visualization in the Constitution of any authority above the Parliament. Parliament is supreme,”
This discussion arises amid significant debate following a Supreme Court ruling in the Tamil Nadu case that effectively imposed a deadline for the President and Governors to act on Bills passed by the legislature for a second time.
Also Read: Senior Government Official: “Respect for Judiciary is Paramount”
The bench led by Justice JB Pardiwala and Justice R Mahadevan emphasized that only courts have the prerogative to assess the constitutionality of a Bill, urging the Executive to exercise restraint and suggesting that the President should refer Bills with constitutional questions to the Supreme Court.
Vice President Dhankhar criticized this judgment, remarking,
“We cannot have a situation where you direct the President of India and on what basis… Article 142 (has become a nuclear missile against Democratic forces, available to the judiciary 24 x 7.”
He pointed out that the President, who takes an oath to uphold the Constitution, should not be directed in such a manner.
Expressing concern that judges might overstep their roles by legislating or performing executive functions without accountability, he stated,
“Where are we heading? What is happening in the country? We never bargained for democracy for this day,”
A number of BJP leaders have also condemned the Supreme Court’s actions. BJP MP Nishikant Dubey suggested that if the Supreme Court continues to make all decisions, Parliament should be disbanded.
Questioning how the Court could set deadlines for the President and Governors, he argued,
“The Supreme Court is crossing its limits…when the Ram Mandir, Krishna Janmabhoomi, or Gyanvapi issue arises, you (Supreme Court) say, ‘Show us the paper’. But for mosques built after the Mughals came, you are saying how will you show papers? The Supreme Court is responsible for inciting religious wars in this country,”
The BJP leadership has distanced itself from the comments made by these MPs.
BJP president JP Nadda stated that the party does not endorse such remarks, clarifying,
“These are their personal statements, but the BJP neither agrees with nor supports such statements. The BJP completely rejects these statements.”
The Opposition, however, has accused the ruling party of attempting to undermine the judiciary.
Senior Supreme Court judges have acknowledged the critical remarks directed at the judiciary. Justice BR Gavai, who will soon assume the role of Chief Justice of India, noted the accusations of judicial overreach into the Executive’s domain. Justice Surya Kant, the third most senior judge, remarked that the “judiciary faces daily attacks but that they remain not worried.”
Top government sources have responded that respect for the judiciary is essential and that all pillars of democracy are working together towards a developed India. This statement appears to be an effort to balance the ongoing controversy.
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