Senior advocate and Rajya Sabha MP Kapil Sibal has now reacted sharply to the remarks made by Vice President Jagdeep Dhankhar regarding the decisions of the Supreme Court and judicial rights. He termed Dhankhar's statement as "sad and surprising".
Sibal raised questions: "Does the Vice President read the Constitution?"
Kapil Sibal said:
"I was saddened and surprised to see the statement of Vice President Jagdeep Dhankhar. Today, if any institution is trusted the most in the entire country, it is the judiciary. When the government or its supporters do not like the decisions, they start accusing the courts of crossing the limits."
Sibal also gave a sharp retort to the questions raised about Article 142. He said:
"Under Article 142 of the Constitution, the Supreme Court has the special right to deliver complete justice. Does the Vice President not know this?"
"President is only a nominal head" – Sibal
Sibal also objected to Dhankhar's statement that the Supreme Court gave orders to the President. Sibal clarified that:
"The President is the constitutional head of India, but he acts on the advice of the Cabinet. He has no personal constitutional power."
"Jagdeep Dhankhar should know this very well."
What did Dhankhar say?
Vice President Dhankhar had said at an event:
"We cannot create a situation where you give instructions to the President. You only have the power to interpret the Constitution under Article 145(3), that too with five or more judges."
He also said that:
"Article 142 has now become a nuclear missile against democratic forces, available round the clock with the judiciary."
The debate heated up in political circles
After this answer of Kapil Sibal, the debate of the judiciary vs executive has once again heated up. While on one hand, constitutional experts are considering the comments of the Vice President as 'interference in judicial independence', the BJP and its supporters are calling it the 'correct interpretation' of the Constitution.
What does the Constitution say?
Article 142: Gives the Supreme Court the right to issue necessary orders to ensure "complete justice".
Article 145 (3): A Constitution Bench of the Supreme Court (at least 5 judges) is required to interpret the Constitution.
Role of the President: Under Article 74, the President is bound by the advice of the Cabinet.
