New Delhi: Vice President Jagdeep Dhankhar on Friday raised serious concerns over a recent Supreme Court ruling that sets a timeline for the President to decide on bills sent for her approval by state governors. He said such directions undermine the constitutional roles of different branches of government.
Speaking to a group of Rajya Sabha interns in the capital, Dhankhar said, “There is a directive to the President by a recent judgement. Where are we heading? What is happening in the country? We have to be extremely sensitive. It is not a question of someone filing a review or not. We never bargained for democracy for this day. President being called upon to decide in a time-bound manner, and if not, becomes law.”
Last week, the Supreme Court, in a first, ruled that the President must respond to bills reserved for her consideration by the governor within three months of receiving them.
Dhankhar strongly objected to this, stating that India cannot have a system where the judiciary assumes the roles of other branches of government. “So we have judges who will legislate, who will perform executive functions, who will act as super Parliament, and absolutely have no accountability because law of the land does not apply to them,” he remarked.
He added that his concerns were at the “very highest level” and said he never imagined witnessing such a development in his lifetime.
Highlighting the constitutional position of the President, Dhankhar said the President swears an oath to “preserve, protect and defend the Constitution,” while others, including ministers, judges, and parliamentarians, take an oath to abide by it.
“We cannot have a situation where you direct the President of India and on what basis? The only right you have under the Constitution is to interpret the Constitution under Article 145(3). There it has to be five judges or more …” he said, questioning the legal foundation of the Supreme Court’s directive.
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