Senior advocate and Rajya Sabha Member of Parliament Kapil Sibal on Friday (April 18) criticised Vice President Jagdeep Dhankhar's recent statement, expressing sadness and surprise over VP Dhankhar's comments on the Indian judiciary. Sibal accused the government of criticising the judiciary when it doesn't favour them. Congress leader Sibal hit out at Jagdeep Dhankar, saying that the VP should be aware of the President and Governor acting on the 'aid and advice of ministers.' The Congress leader, and also President of the Supreme Court Bar Association, stated that the Governor's withholding of bills was actually an "intrusion on the supremacy of the legislature."
"This should be known to Dhankar ji (Vice President), he asks how the powers of the president can be curtailed, but who is curtailing the powers? I say that a minister should go to the Governor and be there for two years, so they can raise issues which are of public importance, will the Governor be able to ignore them?" Sibal asked during a press conference in Delhi."
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President has no personal right of their own: Kapil Sibal
Kapil Sibal said, "I was saddened and surprised to see Jagdeep Dhakhar's statement. If any institution is trusted throughout the country in today's time, it is the judiciary. When some government people do not like the decisions of the judiciary, they start accusing it of crossing its limits... Does he know that the Constitution has given the right of Article 142 to the Supreme Court to give complete justice?... The President is only a titular head... The President acts on the authority and advice of the cabinet. The President has no personal right of their own. Jagdeep Dhankhar should know this...".
This is in fact an intrusion on the supremacy of the legislature, yeh toh ulti baat hai (the issue is flipped). If Parliament passes a bill, can the President indefinitely delay its implementation? Even if it is not signed, does no one have the right to talk about it?, Sibal asked. He expressed surprise over the comments made by Union Ministers Arjun Ram Meghwal and Kiren Rijiju.
People have to follow the ruling: Sibal
"I am surprised about the fact that sometimes (Union Minister) Meghwal says that one should stay within limits, other times (Union Minister) Kiren Rijiju asks what is happening and what if they also do it? Dhankar ji says that before, 5 judges decided on a matter when there were only 8 judges, but now only two judges decide on it. However, either two or three judges decide on it anyway, as the Supreme Court sits as a bench, even with nine or eleven judges, and once thirteen also sat together, that is how it happens. People have to follow the ruling," Sibal said.
He recalled the judgment regarding the election of Indira Gandhi, which was passed by only one judge, and questioned why VP Dhankar might be okay with that but not a verdict from a two-judge bench, since it is not in favour of the government.
"People would remember that when the Supreme Court's decision came regarding the election of Indira Gandhi, then only one judge gave the decision, and she was unseated. It was a one-judge decision, Justice Krishna Iyer, then it was okay for Dhankar ji? But now a two-judge decision came, so that is not correct because it is not in favour of the government," he said.
Dhankar had criticised the recent Supreme Court judgement while addressing Rajya Sabha interns during an event on April 17 (Thursday). During the event, he said that there are certain judges who are 'legislating,' performing 'executive functions' and acting as a 'Super Parliament.'
"President being called upon to decide in a time-bound manner, and if not, it becomes law. 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," Dhankar said during his address.
"There is a directive to the president by a recent judgment. 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," he said.
Dhankar further said that the Constitution gives the power to the Supreme Court to interpret the law, but that bench will require five judges."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. Article 145 (3) of the Constitution states that the "minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five."
(With inputs from agencies)
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