Glaring Instance Of Severe Compromise Of Parliament Sovereignty, Disregard Of People's Mandate: Vice President On NJAC Judgment
Rajya Sabha Chairman, Vice President Jagdeep Dhankar, in his first address in the house, made critical comments on the Supreme Court's decision, back in 2015, in the case of Advocate-on-Record Association v. Union of India WP(Civil) 1303 of 1987 wherein the Constitutional Amendment passed to bring in the National Judicial Appointments Commission was struck down.
The Vice President in his speech said that the Supreme Court's Judgment was "A glaring instance of severe compromise of parliament sovereignty and disregard of the mandate of the people of, which this house and the Loksabha are custodians."
The Vice President stated that "Democracy blossoms and flourishes when its three facets - the Legislature, the Judiciary and the Executive scrupulously adhere to their respective domains."
The Vice President added that "The sublimity of Doctrine of Separation of Powers, is realised when Legislature, Judiciary and Executive optimally function in tandem and togetherness, meticulously ensuring scrupulous adherence to respective jurisdictional domain. Any incursion by one, howsoever subtle, in the domain of other, has the potential to upset the governance apple cart."
The Vice President said that "The parliament in a much needed historic step passed the 99th Constitutional Amendment Bill, paving way for the National Judicial Commission. It was unprecedented support, The Lok Sabha unanimously voted, in its favour with there being no abstention."
However, this Historic parliamentary mandate was undone by the Supreme Court by a majority of 4:1, finding the same as not being in consonance with the judicially evolved doctrine of Basic Structure of the Constitution. There is no parallel to such development in democratic history where a duly legitimised constitutional prescription has been judicially undone.
He further mentioned that "in democratic governance basic of any Basic Structure is the prevalence of the privacy, primacy of the benefit of the people reflected in the parliament. Parliament is the exclusive and ultimate determinative of the architecture of the constitution."
This was the second time that the Vice President has mentioned this issue and there appears to be an increasing confrontation between the Government on one hand and the Supreme Court on the other on the appointment of judges.
The Comments of the Vice President were made in line with the statements made by the Law Minster against the collegium system, which has not gone down well with the Supreme Court.