Amid apparent friction between the Union government and the judiciary over the appointment of judges, Vice President Jagdeep Dhankar on Friday said there was "no whisper" in the Parliament after the Supreme Court struck down the National Judicial Appointments Commission (NJAC) Act in 2015 as unconstitutional.
The NJAC Act stated that a commission consiting of the Chief Justice of India (CJI), SC judges, Union law minister, and two eminent persons would select judges. The commission was to replace the current collegium system under which the judges appoint fellow judges.
Dhankhar aid that said a law passed by Parliament, which reflects the will of the people, was "undone" by the Supreme Court and "the world does not know of any such instance". Citing provisions of the Constitution, he also 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," said Dhankhar in the presence of CJI DY Chandrachud. He was speaking at the LM Singhvi memorial lecture.
Dhankhar underlined that the Preamble of the Constitution mentions "We the people" and Parliament reflects the will of the people. He said it means the power resides in the people — their mandate and their wisdom.
Dhankhar referred to the NJAC Act, saying in 2015-16, Parliament was dealing with a constitutional amendment act and as a matter of record the entire Lok Sabha voted unanimously. In Rajya Sabha, it was unanimous, there was one abstention.
"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," said Dhankhar.
"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," said Dhankhar.
Dhankhar had expressed similar sentiments at a Constitution Day event here on November 26. He said he was "startled that after this verdict (NJAC), there was no whispering in Parliament. It was taken as such. This is too serious an issue".
Referring to the doctrine of basic structure developed by the apex court, Dhankhar said "we have taken it as such".
"But as a modest student of law, can parliamentary sovereignty ever be compromised...Can a successive Parliament be bound by what has been done by earlier Parliament," said Dhankhar.
Dhankhar said harmonious working of the Executive, the Legislature and the Judiciary is vital for the growth of democracy.
"Any incursion, howsoever subtle, in the domain of one by another has the capacity to unsettle the apple cart of governance," said Dhankhar.
The collegium system of the appointment of judges has been criticised for lack of transparency as top judges of the country appoint fellow judges and what goes in the decision making is not known. Union Law Minister Kiren Rijiju criticised the system lately and there has been friction between the Narendra Modi government and the Supreme Court over the issue. Lately, reports said the Modi government returned 20 names to the Supreme Court for appointment to judges. The reports said the government expressed strong reservations" about the recommended names and returned the file on November 25.
(With PTI inputs)
