Vice President Jagdeep Dhankhar has once again criticized the judiciary for overstepping its role. He stressed that institutions must stay within their limits to safeguard democracy.
Vice President Jagdeep Dhankhar recently spoke at the launch of Uttar Pradesh Governor Anandiben Patel’s memoir ‘Chunautiyan Mujhe Pasand Hain’. During his speech, he stressed the need for all constitutional institutions in India to work with understanding, maturity, and respect for each other’s defined roles.
He highlighted that conflicts among these institutions weaken democracy instead of strengthening it.
The Vice President said,
“Every institution has its own defined role, and no institution should encroach on another’s responsibility. We must honour the Constitution in its true spirit.”
He explained that each institution, whether it is the legislature, executive, or judiciary, must stay within its constitutional limits to maintain mutual respect and smooth functioning of democracy.
Although he did not directly name any specific institution at first, Mr. Dhankhar’s remarks were seen as criticism of the Supreme Court’s recent decision that set deadlines for the President and Governors to clear bills passed by state legislatures.
Referring to such situations, he said,
“The most dangerous challenges are the ones that come from within… which we cannot openly discuss. These have no logical basis, no connection to national development, and are rooted in governance. I have personally endured such challenges.”
He warned that internal conflicts among institutions could harm the country more than external threats.
He further stated,
“It is our binding duty that all constitutional institutions respect each other – and such respect is only possible when institutions function within their respective domains. When there is confrontation, democracy does not flourish.”
These remarks underline his belief that overlapping responsibilities or interference among institutions harms democratic values.
In what was clearly a reference to the judiciary, Mr. Dhankhar said,
“To comment on a post as dignified as the President’s is, in my opinion, a matter of deep reflection.”
This was likely aimed at the Supreme Court’s direction to the President’s office in the bill clearance matter.
Reinforcing his views, he added,
“Just as the legislature cannot deliver legal judgments – which is the judiciary’s domain – similarly, the judiciary must refrain… I have the highest regard for the judiciary. Having practised law for over four decades, I can say we have some of the finest judges. But I appeal for a collaborative and cooperative approach.”
This shows his respect for the judiciary while urging a more balanced and cooperative interaction among all branches of government.
On April 22, the Vice President had made more direct comments about the judiciary. He pointed out that the Supreme Court had delivered inconsistent judgments in two major constitutional cases — the 1967 IC Golaknath case and the 1973 Kesavananda Bharati case — especially regarding the status of the Preamble of the Constitution.
He remarked,
“In one case, the Supreme Court says the Preamble is not part of the Constitution… in another it says it is… but let there be no doubt about the Constitution. Elected representatives will be ultimate masters of what the Constitution will be. There cannot be any authority above them…”
His comments suggest that the final authority on constitutional matters should rest with the elected lawmakers of the country.
Mr. Dhankhar also criticized the role of the Supreme Court during the Emergency declared by former Prime Minister Indira Gandhi in 1975. According to him, the apex court ignored the decisions of nine different high courts regarding the suspension of fundamental rights during that period.
He said,
“The Supreme Court… had overturned verdicts by nine high courts on the imposition of Emergency, which he called ‘the darkest phase in democratic history’, and the suspension of fundamental rights. ‘I say ‘darkest’ because the highest court in the land ignored the verdict of nine high courts… that democracy’s fundamental rights could never be put on hold…'”
The Supreme Court had used Article 142 of the Constitution to pass the order about bill clearance deadlines. Article 142 gives the court special powers to ensure complete justice in any case it hears.
However, Mr. Dhankhar’s comments suggest a belief that such powers should be used with caution and without interfering in the roles of other constitutional offices.
In summary, Vice President Jagdeep Dhankhar has called for stronger cooperation and mutual respect among constitutional bodies in India. He believes this is essential for democracy to function effectively and peacefully.
By quoting past examples and court judgments, he urged every institution — judiciary, executive, and legislature — to stick to their constitutionally defined roles and avoid unnecessary confrontations.
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