VP Jagdeep Dhankhar Today (April 22) said Parliament is the top authority and MPs control the Constitution. He warned Article 142 is being misused as a “nuclear missile” by the judiciary.
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NEW DELHI: Vice President of India, Shri Jagdeep Dhankhar, once again raised important questions about the powers of the judiciary under the Indian Constitution.
He clearly said that in the system of Indian democracy, Parliament is the most powerful institution.
While speaking about the limits of judicial powers, he strongly declared,
“Parliament (i.e., the Legislative) is supreme”
And that:
“Elected representatives (i.e., the MPs) are the ‘ultimate masters’ of what the Constitution will be… there cannot be any authority above them.”
Mr. Dhankhar made these strong remarks during an event held at Delhi University on Tuesday morning. He also replied to the criticism he faced earlier for speaking about the powers of the Supreme Court.
He said that he always speaks in the interest of the country.
In his own words,
“Every word spoken by a constitutional functionary (referring to himself) is guided by supreme national interest.”
His latest comments come shortly after he created a big discussion by mentioning Article 142 of the Constitution. This article gives the Supreme Court the special power to give decisions that apply across the country and are meant to do full justice in any matter the court is hearing.
A few days ago, the Supreme Court gave a big judgement setting time limits for the President and Governors to approve bills passed by state Assemblies. After this decision, Mr. Dhankhar expressed his concern and criticized how Article 142 is being used.
He said,
“Article 142 has become a nuclear missile against democratic forces, available to the judiciary 24×7.”
During his talk at Delhi University, he also gave an example from India’s political history. He spoke about how even a Prime Minister who declared an Emergency was later held accountable by the people.
He said,
“A prime minister, who imposed Emergency, was held accountable in 1977. Therefore, let there be no doubt about it – Constitution is for the people and it’s a repository of safeguarding it… elected representatives… they are the ultimate masters as to what Constitution content will be. There is no visualisation in Constitution of any authority above Parliament. Parliament is supreme and that being the situation, let me tell you, it is as supreme as every individual in the country.”
By making these remarks, Vice President Jagdeep Dhankhar has once again started a strong national debate about the balance of power between the Parliament and the judiciary.
His speech has received strong reactions from legal experts, politicians, and the general public. Many are now discussing how constitutional powers should be used and respected in the world’s largest democracy.
Article 142 of the Indian Constitution gives the Supreme Court of India special powers to ensure complete justice in any case before it.
What Article 142 Means (in simple terms):
It allows the Supreme Court to pass any order or take any action that it believes is necessary to deliver full justice in a case, even if there is no specific law covering the situation. These orders are binding throughout the country.
Exact Wording (Simplified):
- The Supreme Court can make any order needed to do “complete justice” in any case before it.
- These orders are enforceable across India, just like laws made by Parliament.
Why It Is Important:
- Article 142 helps the Supreme Court to act when existing laws are not enough to resolve a matter fairly.
- It is often used in exceptional or sensitive cases to protect justice and public interest.
Why It Is Sometimes Controversial:
- Critics, like Vice President Jagdeep Dhankhar, believe the judiciary may overuse this power.
- Some argue that frequent use of Article 142 can go beyond the limits of judicial power and affect the authority of Parliament.
- That is why Mr. Dhankhar referred to Article 142 as a “nuclear missile against democratic forces.”
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