New Delhi: Vice President Jagdeep Dhankhar took a dig at Supreme Court for striking down the National Judicial Appointments Commission (NJAC) Act, and wondered why there was “no whisper” in Parliament on issue which was “too serious”.
Delivering the LM Singhvi Memorial lecture, Dhankar said that the world does not know of any such instance where a law passed by Parliament, which reflects the will of the people, was ‘undone’ by the Supreme Court.
Dhankar cited provisions of the Constitution, and said when a substantive question of law is involved, the issue can be looked into by the courts.
“Nowhere it says a provision can be run down,” the Vice President said in the presence of Chief Justice of India DY Chandrachud.
Dhankar stressed that the Preamble of the Constitution mentions ‘We the people’ and Parliament reflects the will of the people.
“It means the power resides in the people – their mandate and their wisdom,” he said.
Referring to the NJAC Act, Dhankar said in 2015-16 Parliament was dealing with a constitutional amendment Act and the entire Lok Sabha voted unanimously, while in Rajya Sabha there was one abstention but was still unanimous.
“We the people – their ordainment was converted into a constitutional provision. Power of the people, which was expressed through a legitimate platform, that power was undone. The world does not know of any such instance,” he said.
NJAC Act sought to overturn the collegium system of appointing Supreme Court and high court judges. The top court struck it down, saying it was unconstitutional.
“I appeal to the people here, they constitute a judicial elite class, thinking minds, intellectuals – please find out a parallel in the world where a constitutional provision can be undone,” Dhankar said.
